Court slams rampant evasive orders by govt authorities

CHENNAI: Expressing strong displeasure over government authorities passing evasive or non-speaking order which causes unnecessary filing of writ petitions resulting in valuable judicial time being wasted, the Madras High Court has directed the government to issue circulars to all the competent decision-making authorities to arrive at a decision on merits and pass orders, by assigning reasons.

Justice SM Subramaniam’s observation came on remanding a matter passed by the Inspector of Matriculation Schools, pursuant to directions issued by the court in 2015. Pointing out that the order passed was a non-speaking order, without assigning any reasons or conclusions arrived, he said: “Exercise of powers either statutory or administrative by the authority means, the decision is to be taken by such authority with an application of mind. The application of mind deserves that facts and counter facts placed by the respective parties are considered or adjudicated, as the case may be and an order is passed assigning the reasons for arriving at such a conclusion.”

“Thus, any non-speaking order passed by the authority is to be construed as an evasion of performance of the duties and responsibilities and the said action of the authorities are certainly a lapse, negligence or dereliction. Thus, the head officials are duty-bound to ensure that the power vested with the competent authorities are exercised with an application of mind and the orders are passed assigning reasons, Justice Subramaniam stressed.

The judge also impleaded Secretaries of Education Department and Higher Education Department in the case to issue consolidated instructions to all the authorities across the State so as to ensure that the disputes between the schools, teachers and employees are resolved by passing reasoned orders and by affording opportunities to the parties to the dispute. Also, pointing out the speaking order must contain the reasons for arriving at the conclusion as it would be beneficial to the parties to understand on what basis the decision is taken and enable resolving the disputes in a proper manner, Justice Subramaniam said: “The consolidated instructions shall contain that in the event of a lapse, negligence or dereliction in this regard appropriate disciplinary actions would be initiated against the authorities, who are responsible for passing such evasive and non-speaking orders.”