Punjab & Haryana High Court Sets Aside Cryptic Appellate and Review Orders in Dismissal Case; Holds Non-Speaking Orders Unsustainable
Case Name: Parminder Singh v. State of Punjab and Others
Date of Judgment: 15 January 2026
Citation: CWP-11596-2020
Bench: Hon’ble Mr. Justice Namit Kumar
Held: The Punjab and Haryana High Court held that appellate and reviewing authorities are required to pass reasoned and speaking orders while deciding statutory appeals and review petitions. The Court held that cryptic orders which fail to deal with the grounds raised by the delinquent employee are unsustainable in law and liable to be set aside.
Summary: The writ petition was filed challenging the dismissal order dated 14.04.2012 issued against the petitioner, a former Assistant Superintendent, as well as the appellate order dated 11.11.2016 and the review order dated 31.03.2020, whereby the petitioner’s appeal and review petition were rejected. The petitioner sought reinstatement with all consequential benefits.
One of the principal grounds urged was that the appellate and reviewing orders were non-speaking and cryptic, as they did not consider or deal with the detailed appeal dated 12.09.2012, running into 23 pages, and the subsequent review petition filed by the petitioner. It was contended that no reasons whatsoever were assigned while rejecting the statutory remedies.
The State was unable to controvert the submission that the appellate and review orders lacked reasons. Upon perusal, the High Court found that the appellate order merely stated that the appeal had been rejected after perusal, without adverting to any of the grounds raised. Similarly, the review order recorded only that the matter had been “filed” after perusal by the competent authority, without any reasoning.
The Court held that such orders fail to meet the requirement of reasoned decision-making and violate principles of natural justice. It observed that an appellate authority is duty-bound to apply its mind to the grounds raised and pass a reasoned order reflecting due consideration of the case.
Decision: The writ petition was partly allowed. The appellate order dated 11.11.2016 and the review order dated 31.03.2020 were set aside. Liberty was granted to the appellate authority to reconsider the petitioner’s appeal in accordance with law and pass a fresh, reasoned order within three months after affording an opportunity of personal hearing.