Full Text
W.P.(C) 4701/2011
SUKHWINDER SINGH Petitioner T[irougli:IV|r. Santosh Kumar, Advocate & jvir.S.S. Pandey, Advocate.
HON'BLE MR. JUSTICE SUNIL GAUR
08.07.2011
ORDER
1. The impugned order reads as under: "Heard learned counsel for the petitioner. The petitioner wants a compensatory chance which he could not get and the policy which he has referred has nothing to do with the compensatory chance to appear for the PG Engineering Course entrance examination. Therefore, the authorities have rightly approached the matter and we do not find any merit in this petition. This petition is dismissed with no order as to costs."
2. Suffice would it be to state that the petitioner was seeking a compensatory chance to appear for the PG Engineering Course Entrance Examination and for which he was relying upon a policy. W.P. (C) No. 4701/2011 1 2011:DHC:17229-DB
3. To say that the policy in question has nothing to do with the claim of the petitioner, as recorded in the order, is to state conclusion. What are the reasons for so concluding? We find nothing. We highlight once again that as the primary adjudicator of the dispute, it is the duty of the Armed Forces Tribunal to give reasons for the conclusion arrived at.
3. Finding no reasons for the conclusion arrived at by the Tribunal, we dispose of the writ petition setting aside the impugned order of 20.4.2011.
4. O.A. No. 132/2011 is restored for fresh adjudication by the Tribunal with a direction that at the remanded stage reasons would be given by the Tribunal in support of the conclusions arrived at. Parties shall appear before the Registrar of the Tribunal on 29.7.2011. Upon production of the present Order, the appropriate Bench of the Tribunal.
5. No costs.
6. Dasti. JULY 08, 2011 rs W.P. (C) No. 4701/2011 PRADEEP NANDRAJOG, J L GAUR, J