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An order bereft of reasons is no order in eyes of the law: Ram Sankar Sahoo v. State of W.B

An order bereft of reasons is no order in eyes of the law

[Ram Sankar Sahoo v. State of W.B.,  2018 SCC OnLine Cal 3199, dated 15.05.2018]

A petition filed against the decision of the State Authorities canceling the food supply license granted to the petitioner was allowed by a Single Judge Bench comprising of Harish Tandon, J.

BRIEF FACTS

The petitioner’s license was canceled by the respondents on the ground that he violated the provisions of the West Bengal Kerosene Control Order. An inspection was conducted by the respondents at the premises of the petitioner and thereafter, the Sub-Division Officer (F&S) issued a show cause notice to the petitioner. Subsequently, the petitioner’s license was canceled. Such order of cancellation is challenged.

OBSERVATION OF THE HC

The High Court perused the record and inter alia found that the said order was passed without recording any reasons for cancellation of petitioner’s license.

It was observed that in any adjudication it is imperative to record reasons for passing such order; an order which is bereft of any reasons is no order in the eyes law. Reasons are heart and soul of an order without which it cannot survive.

In the instant case, the order punishing the petitioner was passed by respondents without giving adequate reasons for the said adjudication.

HELD

According to the High Court, the impugned order, being bereft of reasons was liable to be set aside, which was accordingly ordered. [Ram Sankar Sahoo v. State of W.B.,  2018 SCC OnLine Cal 3199, dated 15.05.2018]

 

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