W.P. (C) No. 9265 of 2008(C). Case: Sathyan A.V. Vs Government of Kerala. High Court of Kerala (India)
| Case Number | W.P. (C) No. 9265 of 2008(C) |
| Counsel | For Petitioner: Shri P.N. Mohanan, Adv. and For Respondents: Government Pleader. |
| Judges | Thottathil B. Radhakrishnan, J. |
| Issue | Constitution of India - Article 14 |
| Citation | 2009 (244) ELT 41 (Ker), 2011 (21) STR 690 (Ker) |
| Judgement Date | August 26, 2008 |
| Court | High Court of Kerala (India) |
Judgment:
(At Ernakulam)
-
"C.R.": The petitioner, an employee of a co-operative society, challenges Ext. P6. At the outset, it is clarified that this judgment is being issued on the main issue that Ext. P6 is a non-speaking order, leaving open all other issues.
-
The petitioner''s employer, a co-operative society, resolved and requested for exemption from possessing a qualification, for the purpose of promoting the petitioner in its service. The Registrar forwarded that request to the Government. The Government sent impugned Ext. P6 to the Registrar stating that it has been decided that exemption need not be granted. It is single line order, a cryptic one, stating no reason for that decision.
-
The request was for exercising a power of exemption. To grant or not, is within the power of the authority empowered to grant in terms of law. But, it is of the core principles of administrative law, that a decision has to contain its reasons. This is on account of different reasons. One is that, if the aggrieved person carries the matter to a higher authority, or requests for judicial review of that decision, fundamentally, reasons and lawful procedures are those which will sustain the decision making process and ultimately the decision. These principles of administrative law, which have grown with civilisation, have now found expression in Sections 3 and 4(1)(d) of the Right to Information Act, 2005, hereinafter referred to as "RTI Act". Section 3 of the RTI Act provides that all citizens shall have the right to information subject to the provisions of that Act. Section 4(1)(d) of the RTI Act provides that every public authority shall provide reasons for its administrative or quasi judicial decisions to affected persons. Indisputably, the Government and the Registrar of Co-operative Societies are public authorities as defined in Section 2(h) of the RTI Act. It goes...
To continue reading
Request your trial