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HC summons PSPCL MD over 'non-speaking orders'

Appellate authority burdening court with avoidable litigation: HC

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Tribune News Service

Chandigarh, August 6

The Punjab and Haryana High Court has summoned the Chairman-cum-Managing Director of Punjab State Power Corporation Limited (PSPCL) to explain why its “appellate authority” was repeatedly deciding appeals by non-speaking orders. The MD has been summoned on September 1.

Justice Anupinder Singh Grewal made it clear that the authority was in the process of burdening the court with avoidable litigation.

Justice Grewal was hearing a petition filed against PSPCL and other respondents by Rajinder Kumar through counsel HC Arora. He submitted that the punishing authority had stopped four increments of the petitioner without a cumulative effect. The petitioner preferred an appeal, which was decided by a non-speaking order.

The petitioner’s earlier plea before the HC was disposed of by setting aside the appellate authority’s order on the ground that his reply was not duly considered. The appellate authority was directed to reconsider the plea and pass a fresh order in accordance with law. The Bench had also made it clear that it would be appropriate to grant a personal hearing to the petitioner.

Arora contended that personal hearing was granted to the petitioner by two Directors, but the appellate authority once again dismissed his appeal without assigning any reason.

Justice Grewal asserted the order’s perusal indicated that it was non-speaking. It mentioned taking into account the reply, chargesheet and other material. But there was no reference to the nature of allegations against the petitioner or to the issues raised by the petitioner in his appeal.

“This court had noticed that there are other matters as well wherein the employees have approached this court, alleging the appellate authority had passed non-speaking orders,” Justice Grewal added.

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