Judgment:
N. A. Britto, President:
Heard Shri. Apte, Lr. Counsel on behalf of the Petitioners and Miss. Vijayalaxmi Naik, Lr. Counsel on behalf of the Respondent.
The Petitioners herein are the    O.Ps before the District Forum. The Respondent is the Complainant.
An application was filed by the complainant for the appointment of a Commissioner to examine the vehicle/s of the complainant/s. The said application has been allowed by order dated 29/06/10 pronounced on 05/07/10. Lr. Counsel on behalf of the respondent/complainant/s submits that written submissions were filed before the Lr. District Forum and only after perusing the written submissions that the application for the appointment of the Commissioner was allowed which is in accordance with law.
There can be no dispute that the orders passed by the Fora under C.P. Act, 1986 are expected to be short and precise as practicable, but they are not certainly expected to be cryptic reflecting non application of mind to the facts of the case. The impugned order/s suffer from that vice the Impugned Order/s are cryptic and show non application of mind.
It is now well settled that a quasi judicial authority must record reasons in support of the order passed. As observed by the Apex Court, insistence of recording of reasons, is meant to serve a wider principle of justice that justice must not only be done but also appear to have been done. Reasons reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations. Reasons facilitate the process of judicial review by superior courts. Insistence of reasons is a requirement of both judicial accountability and transparency (See Kranti Associates Pvt. Ltd., V/s. Masood Ahmed Khan and others) (2010) CPJ 61 (SC) (2010) 9 SSC 496)
In our view, since the Impugned Order/s reflect non application of mind to the facts of the case by the Lr. District Forum, we have no other option but to set aside the Impugned Order/s and direct the Lr. District Forum to decide the complainants application/s for the appointment of Commissioner by a reasoned order/s.   As a result the Impugned Order/s is set aside and parties are directed to appear before the Lr. District Forum on 17/01/12 at 10.30 a.m. The Lr. District Forum is directed to re-hear the application/s in accordance with law and dispose off the same by reason order/s.