Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2008 (8) TMI 468

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e 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 qu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nistrative 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. - 9265 of 2008(C) - - - Dated:- 26-8-2008 - Shri P.N. Mohanan, for the Petitioner. Government Pleader, for the Respondent. [Judgment]. - "C.R.": The petition .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 de .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... iety 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 that has led to the issuance of Ext. P6 order. Bereft of that, Ext. P6 is issued in infraction of that provision of the RTI Act. This, in turn, results in Ext. P6 being an arbitrary exercise of authority, in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates