Re: provide reasons for its administrative or quasi-judicial decisions
If you are seeking the reasons under the provisions of RTI Act, it falls under the category of 'information'. One can only seek information available in material form with a public authority. If the authority stopped inquiry did not record reasons thereof, it can never be a material on record and not an information within the meaning of the Act.
Definitely, there is a reason, but it is not in material form. You are only putting one side of the case. The other person involved may have another story to tell. When a decision is arrived at protecting the interest of both the parties, it becomes an 'amicable' decision.
While giving reason is a basic tenet of law, giving opportunity of hearing to the other party or considering his view of the matter is another Ingredient of Principles of Natural Justice. When a decision is not finally arrived at, stopping of work or inquiry cannot be construed as a decision on merit in exercise of discretion. The interest of the other party is also required to be protected till such time an 'amicable' decision is arrived at.
Under these circumstances, there seems to be no excess on the part of the authority who stopped the inquiry. At the same time, there is no final decision on the subject matter. There is also no final decision in the eyes of law to attract the provisions of Section-4(1)(d) of RTI Act.
Last edited by RAVEENA_O; 21-07-09 at 07:40 PM.
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