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2008 (8) TMI 468 - HC - Indian LawsNon-speaking order - 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. - 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 Right to Information Act, 2005 Act provides that every public authority shall provide reasons for its administrative or quasi judicial decisions to affected persons - It goes without saying that the impugned order is one which affects the writ petitioner’s claim for promotion to higher post, to which his employer society has agreed. Therefore, the petitioner has the statutory right in terms of Section 4(1)(d) of the RTI Act to be provided with the reasons for the administrative decision of the Government – Impugned order being an arbitrary exercise of authority, since it results in negation of the Rule of Law and thereby, infraction of the fundamental right to equality before law and equal protection of the laws, guaranteed by Article 14 of the Constitution of India. – so impugned order is quashed and matter remanded for passing fresh orders - Time has come when the prestigious and salutary principles of administrative law have found expression in provisions like the one noticed in this judgment, from the RTI Act. They are laws to be always remembered and obeyed by the administrative, or other, authorities, who are public authorities.
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