199. Knowledge Spectrum – Discipline – SPEAKING ORDERS
352. What are the main precautions to be observed while drafting penalty orders?
While drafting penalty orders it must be ensured that the final orders are speaking orders and are free from ambiguity or vagueness.
353. What is a speaking order?
Speaking order may be defined as an order which contains not only the conclusions and directions but also the reasons that have led to the conclusions.
It must not be confused with "oral orders" or "verbal directions".
Normally, courts used to reserve judgments when the arguments are concluded. Judgments will be delivered after some time lag because the court has to evaluate the evidence received and the submissions made by the parties. Contrary to this, the court may dictate orders in the court immediately on hearing the parties. Such orders are known as "Oral orders". Although these are called Oral Orders, they are also reduced to writing and the copies of these orders are also supplied to the parties in due course of time.
The term "Verbal instructions” refers to the instructions issued by superior officers to their subordinates under urgent circumstances. CCS Conduct Rules 1964 requires that such instructions should be confirmed through written instructions as soon as possible.
354. What are the advantages of speaking orders?
Disclosure guarantees consideration
Introduces clarity
Excludes or minimises arbitrariness
Satisfaction of the party
Enables appellate forum to exercise control
Travancore Rayons Vs Union of India AIR 1971 SC 862
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