Punjab and Haryana High Court Criticizes Non-Speaking Orders, Calls for Training of Appellate Authorities

Court mandates Commissioner of Hisar Division to explain dismissal of appeal and suggests training for statutory authorities.

In a significant move to enhance accountability and transparency within administrative processes, the Punjab and Haryana High Court, presided by Justice Jasgurpreet Singh Puri, criticized the practice of issuing non-speaking and cryptic orders by appellate authorities exercising statutory powers. The Court expressed concern over the lack of detailed reasoning in orders, highlighting a specific case involving the Commissioner of Hisar Division, Hisar.

The case in question pertains to the petitioner, Bhanuj Gupta, who challenged the dismissal of an appeal without adequate explanation by the Commissioner, Hisar Division. Represented by Mr. Prateek Garg, the petitioner argued that the order was cryptic and did not provide any justification for the dismissal, despite claiming thorough examination of the facts and records.

Justice Puri directed the Commissioner to submit a detailed affidavit explaining the rationale behind the dismissal of the appeal. The Court emphasized the importance of transparency and detailed reasoning in administrative orders to ensure fair and informed decision-making.

Furthermore, the Court addressed the broader issue of inadequate reasoning in orders passed by appellate authorities. It suggested the appointment of a legal authority to conduct lectures and training sessions for these authorities, aiming to improve their decision-making processes. The Chief Secretary to the Government of Haryana has been asked to file a response regarding the feasibility of such training for senior officers exercising statutory powers.

Mr. Udit Garg, Additional Advocate General of Haryana, was requested to inform the Court about the State's readiness to implement training measures for statutory authorities. The matter has been adjourned to November 18, 2025, for further discussion on these issues.

This judgment is seen as a critical step towards fostering transparency and accountability in administrative procedures, ensuring that statutory authorities provide clear and reasoned orders, thereby upholding the principles of justice.

Bottom Line:

Non-speaking and cryptic orders passed by appellate authorities under statutory powers - Directions issued for the Commissioner, Hisar Division, Hisar, to file a reply by way of an affidavit explaining the reasons for the dismissal of an appeal - Consideration of appointment of legal authority for training appellate and statutory authorities in proper decision-making.

Statutory provision(s): Administrative Law - Appellate authority, Administrative Law - Statutory powers

Bhanuj Gupta v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2805838