This official memorandum highlights a concerning trend where administrative authorities are not consistently issuing “speaking orders” when disposing of proceedings. This practice makes it difficult for Administrative Tribunals to fully understand the basis of decisions, particularly when evidence and circumstances are not clearly articulated. To ensure proper appreciation of quasi-judicial orders, it is recommended that all relevant facts and evidence considered by authorities be appropriately referenced in the final order. This will create “speaking orders” that clearly outline the rationale, ensuring all aspects of a matter are readily available should the decision be challenged in a judicial proceeding.
SOURCE PDF LINK :
Click to access P.13023_1_94-AT.pdf
Click to view full document content
No. P. 13023/1/94-AT
Govt. of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
New Delhi, the 10 March, 1995.
OFFICE MEMORANDUM
Subject: Need for passing speaking orders.
It has been observed that in many cases the administrative authorities are not passing speaking orders while disposing of proceedings pending before them. When such a matter is taken up before an Administrative Tribunal, it becomes difficult for the Tribunal to appreciate the circumstances and evidences etc. which the authorities took into account while taking their decisions.
- In order that the Tribunals do properly appreciate the orders passed by the administrative authorities, particularly those of quasi-judicial nature, it is suggested that all facts and evidences which weighed with the authorities while arriving at a particular decision should be appropriately referred to in the final order, to make it a speaking order, so that all aspects of the matter are before a judicial authority, whenever such an order is challenged in a judicial proceeding.
(T.C. Pant)
Director (AT)
Tel No. 301 1906
To all Ministries/Departments of Govt. of India.