Head Note (Story of Case)

Partly allowing the appeal, the Court

HELD: 1.1 The trial Court was required to carefully appraise the entire
evidence and then come to a conclusion. If the trial Court was at lapse in
this regard the High Court was obliged to undertake such an exercise by
entertaining the appeal. The trial Court on the facts of this case did not
perform its duties, as was enjoined on it by law. The High Court ought to
have in such circumstances granted leave and thereafter as a first court of
appeal, re-appreciated the entire evidence on the record independently
and returned its findings objectively as regards guilt or otherwise of the
accused. It has failed to do so. (Para - 8) (11-A, B)

1.2 The questions involved in this case were not trivial. The High Court has
not given any reasons for refusing to grant leave to file appeal against
acquittal, and seems to have been completely oblivious to the fact that by
such refusal, a close scrutiny of the order of acquittal, by the appellate
forum, has been lost once and for all. (Para - 8) (11-C)

1.3 Reasons introduce clarity in an order. On plainest consideration of

justice, the High Court ought to have set forth its reasons, howsoever
brief, in its order indicative of an application of its mind, all the more
when its order is amenable to further avenue of challenge. The absence of
reasons has rendered the High Court order not sustainable. (Para - 8) (11-
D, E)

State of U.P. v. Battan and Ors (2001) 10 SCC 607; State of Maharashtra v.
Vithal Rao Pritirao Chawan AIR (1982) SC 1215 and Jawahar Lal Singh v.
Naresh Singh and Ors. (1987) 2 SCC 222 - relied on.

Breen v. Amalgamated Engineering Union (1971) (1) All E.R. 1148 and
Alexander Machinery (Dudley) Ltd. v. Crabtree (1974) LCR 120 - referred
to.
1.4 Reasons substitute subjectivity by objectivity. The emphasis on
recording reasons is that if the decision reveals the "inscrutable face of
the sphinx", it can, by its silence, render it virtually impossible for the
Courts to perform their appellate function or exercise the power of judicial
review in adjudging the validity of the decision. Right to reason is an
indispensable part of a sound judicial system, reasons at least sufficient
to indicate an application of mind to the matter before Court. Another
rationale is that the affected party can know why the decision has gone
against him. One of the salutary requirements of natural justice is spelling
out reasons for the order made. (Para - 9) (12-B, C, D)

State of Punjab v. Bhag Singh (2004 (1) SCC 547 - relied on.

2. The State is granted leave to file the appeal. The High Court shall
entertain the appeal and after formal notice to the respondents hear the
appeal and dispose of it in accordance with law, uninfluenced by any
obser-vation made in the present appeal. (Para - 11) (12-F)

J.S. Attri, Adv. for the Appellant.

Dr. I.B. Gaur, Adv. for the Respondents.

Subject
Code of Criminal Procedure, 1973; S.378:

Accused persons allegedly committed offences punishable u/ss. 436, 447

and 506 IPC - Acquitted by Trial Court - Leave to file appeal - Grant of -
Dismissed by High Court without assigning any reasons - Correctness of -
Held: Incorrect - On facts, trial Court did not perform its duties in
appraising the evidence carefully before arriving at its conclusion
acquitting accused - Under such circumstances, High Court ought to have
granted leave, re-appreciated entire evidence as first Court of appeal and
returned its finding objectively - High Court by refusing to grant leave to
file appeal lost a close scrutiny of the order of acquittal - In the interest of
justice, High Court ought to have set forth reasons indicative of
application of its mind - More so, when its order is amenable to further
challenge - Besides, reasons introduce clarity in an order and substitute
subjectivity by objectivity - Absence of reasons has rendered the order of
the High Court unsustainable - Leave to file appeal granted - Principles of
natural justice - Requirements of.

Words and Phrases:

`Inscrutable face of the sphinx' - Meaning of.

The question which arose for determination in this appeal before this
Court was as to whether the High Court was right in dismissing the
application to grant leave to appeal without assigning any reasons against
the acquittal of accused persons.

Section and acts implemented

Code of Criminal Procedure, 1973; Section 378:

Section . 436, 447 and 506 IPC

Judgements
CASE NO.:

Appeal (civil) 18 of 2008

PETITIONER:

STATE OF MAHARASHTRA & ORS

RESPONDENT:

SHUBHADA ANANT KARVE & ORS.

DATE OF JUDGMENT: 03/01/2008

BENCH:

P.P. NAOLEKAR & LOKESHWAR SINGH PANTA

JUDGMENT:

JUDGMENT

ORDER

(Arising out of SLP(C) No. 2635/05)

Leave granted.

Respondent No.1 was appointed as Assistant Teacher in Paranjape-

Motiwale

High School on 15.6.1970 where she continued upto 8.5.1984. Thereafter,

the

respondent was on leave till 8.6.1986. She resigned from her post on
9.6.1986

and joined respondent No.3, Maharashstra Mitra Mandal Madhyamik

Shala
on 10.6.1990 which is after four years. After rejoining service with
Respondent

No.3, she continued on the post upto her superannuation on 31st

December,2003. Thus the total length of service rendered on the post by

respondent No.1 was 13 years, 6 months and 20 days. The service was

pensionable. If the break period is added, then she would have been
entitled to

additional pensionary benefits, and keeping this in view respondent

moved an

application on 26.12.2003 for condonation of break in service. The

application

was rejected on 24.3.2004 by the authorised officer. This decision of the

officer

refusing condonation of break in service, was challenged by respondent

No.1

by filing Writ Petition No.4404 of 2004 before the High Court. The High
Court

has directed the State of Maharashtra to condone the break in service to

respondent from 9.6.1986 to 10.6.1990 and to refix the pension by taking

into

consideration her total service from 15.6.1970 to 31.12.2003, and

thereafter pay

the pensionary benefits to her accordingly. For giving the aforesaid

direction,

the High Court has relied upon State Government Resolution dated 12th

November,1976 as well as Government Notification dated 10.5.1989.

Learned counsel for the appellant-State has brought to our notice

Government Resolution, Education and Social Welfare Department dated

4th

November,1968 whereunder for condoning the break in service, the period

of
each break should not exceed six months and the total period of
permissible 6

breaks should not exceed 2 years; and Circular dated 10.5.1989

whereunder

total duration of breaks must not be more than 2 years. The High Court
has

failed to notice this part of the GR and was impressed by the fact that the

power to condone the break in service, which vests with the authority,
should

have been exercised in favour of respondent No.1. On the face of the

Circular,

whererunder the power to condone the break in service exceeding the

period of

two years does not vest with the Government, the High Court has
committed

an error in issuing the aforesaid direction. That being the case, the
appeal is

allowed and the order passed by the High Court is set aside.

Conclusion
.
.
.