Speaking orders

Speaking orders 20. The advantages of a speaking order were summarized by the Hon’ble Supreme Court as under in the case of Travancore Rayons Vs Union of India [AIR 1971 SC 862] in the following manner: Disclosure guarantees consideration Introduces clarity Excludes or minimises arbitrariness Satisfaction of the party Enables appellate forum to exercise control 23 21. This principle of natural justice requires that following orders issued in the course of disciplinary proceedings, must be speaking orders: Orders disposing of the allegations of bias on the part of Inquiry Authority and requesting for change Orders dealing with the request for appointment of a Legal Practioner as a Defence Assistant Orders dealing with the request for appointment of a person from outstation as a Defence Assistant Orders rejecting the request for defence documents/witnesses Orders deciding on request for adjournment Final orders imposing penalty Orders of the Appellate, Revisionary or Reviewing authority 22. Components of speaking order and general considerations to be borne in mind while drafting a speaking order are dealt with in the chapter on Drafting of final orders.