MGSIPA organises seminar on ‘Speaking Orders’ for IAS/PCS Officers

January 16, 2018 01:02 PM

Punjab News Express
CHANDIGARH: Aiming to update the knowledge ofCivil Service Officers on various Revenue and legal issues, Mahatma Gandhi State Institute of Public Administration Punjab(MGSIPA) today organised a One-Day Seminar on ‘Speaking Orders’ for IAS/PCS Officers. This programme was sponsored by the Department of Personnel, Government of Punjab.
Launching the programme with an opening the session on the theme ‘Essentials of Speaking Order’s, Special Chief Secretary to Govt. Of Punjab and Director General of MGSIPA, Sh. SarveshKaushal, emphasized that in discharging quasi-judicial functions, the appellate authority must act in accordance with natural justice and give reasons for its decision.He gave a detailed presentation on the historical background and other related aspects of the subject  andstressed that a ‘Speaking Order’ should speak itself and must be able to stand the test of legality, fairness and reason at all higher appellate fora.  He said that the order should have all details of the issue being determined, a reasoned analysis and a clear finding. This practice will help prevent miscarriage of justice and ensuring transparency in decision making process, he added.
Sh. Kaushal, while referring to revenue and other issues where claims are disputed, said that reasoned speaking orders are essential to give a  opportunity to the losing party to effectively avail of the right to appeal  challenge the grounds on which the adverse conclusions had been arrived at in the impugned order.
Concluding his session, Sh. Kaushal said that In all common law jurisdictions, judgements play vital role in setting up precedents for the future. Therefore, for development of law, requirements of giving reasons for the decision is of the essence and is virtually a part of “Due Process”.
 In the second session, Dr.Virendra Kumar, Former Director(Academics) Chandigarh Judicial Academy, spoke on principles of Natural Justice,  Its concept, Application of principles of Natural Justice to judicial, quasi-judicial and administrative proceedings ,Natural Justice and the Constitution. He laid stress on the Preamble to the constitution and spoke on justice, social, Economic and political acts as suited to individual liberty against the arbitrary action which is based on principles natural justice.
The third session was addressed by Dr. V. K. Bansal, Professor Emeritus, Department of laws, Panjab University, Chandigarh on the theme of Law relating to Enquiry proceedings and Disciplinary matters with special emphasis on Speaking Orders. He discussed part 14th of the constitution with focus on articles 309, 310 and 311 of the constitution dealing with services under the Union and the States.
The fourth session was conducted by Mrs.Vini Mahajan,Additional Chief Secretary and Financial Commissioner (Revenue), Punjab with focus on Case studies regarding Non-Speaking Orders by IAS/PCS Officers.

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