Order without recording the finding of fact to be considered arbitrary and illegal

Allahabad High Court: While deciding a case where petitioner’s claim on a Class IV post in the GRP on compassionate ground was rejected by the authority concerned on the ground that the petitioner is the second wife of the deceased hence, she could not be given the status of his widow, the Court held that the concerned authority has not recorded this fact of petitioner being the second wife of the deceased in the impugned order and without specifically finding this fact, the order of the authority concerned would not be a speaking order and would be considered as arbitrary and illegal.  The Court further observed that in the absence of finding of fact, the application of law has no meaning as the law whether settled by the court of law or whether by the statute will be applicable only to the individual facts of the case. Smt Poonam Devi v. Union of India, Writ No. 22518 of 2014, decided on 6th of May, 2014

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