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Thread: provide reasons for its administrative or quasi-judicial decisions

  1. provide reasons for its administrative or quasi-judicial decisions


    Every Public Authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons.

    This point needs to be clarified more. As I put query asking the reason of some decisions/ steps taken by the public authority, but no proper information/reason was provided. Simlpy they avoided any answer or furnished evasive information. And we are very much unlucky to have such a 'sympathetic' SIC towards these SPIOs that our purpose of having proper information is always being defeated.
    Would any activist member enlighten me ?--- Abhijeet



  2. #2
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    Col NR Kurup (Retd)
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    Re: provide reasons for its administrative or quasi-judicial decisions


    To me Section 4(1)(d) viz., Every public authority shall provide reasons for its administrative or quasi judicial decisions to affected persons is the most useful clause in the entire RTI Act. Unfortunately I am yet to come across a single incidence where the Public Authority has provided this information satisfactorily . I am yet to come acros any one giving a firm orders when the PA fail to comply with this provisions.

  3. Re: provide reasons for its administrative or quasi-judicial decisions


    Colonel Sir,

    Here is a recent decision where the CIC has ordered the CPIO to provide reasons U/s 4(1)(d) within 15 working days.

    Decision No. 1287/IC(A)/2007 dated 01/10/2007 on Appeal from Shri. Mangal Ram Vs Department of Posts
    Defeat is not final when you fall down. It is final when you refuse to get up.

  4. #4
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    Re: provide reasons for its administrative or quasi-judicial decisions



    Thank you. I have missed this. It was a heartening decision. I wish I could thank the CIC

  5. Re: provide reasons for its administrative or quasi-judicial decisions


    an administrative or quasi judicial decision is in a way exercise of discretion by the public authority.
    And every such discretion is subject to review or by way of appeal to the higher authority.
    the judgement of lower court can be appealed to a higher court. If there is no judgement how the aggrived can go in appeal.

    This clause in essence establish the basic rule of law.

  6. Re: provide reasons for its administrative or quasi-judicial decisions


    Quote Originally Posted by maneesh View Post
    This clause in essence establish the basic rule of law.
    Thank you maneesh for the nice elucidation. We are also picking up quite a few tips on interpretation and a few other aspects of law.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  7. Re: provide reasons for its administrative or quasi-judicial decisions


    Here is a recent decision where the CIC has ordered the CPIO to provide reasons U/s 4(1)(d) within 15 working days.

    15 working days time schedule , as its seems, is applicable to the specific case only. It is not applicable to all cases related with 4(1) (d) . But if we get proper reply/reason as sought for under this section that will serve our purpose. In connection with this I would leke to refer my earlier submission , where the concerned dept started one 'inquiry' regarding illegal construction by some members of this Hsg Society, but ' most honest & upright' Minister -in charge stopped the 'inquiry'.. ( as he is dedicated to serve the purpose of corrupt Managing committee !)

    Would we get the reason behind his administrative decision for this activity ?-- Abhijeet

  8. #8
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    Col NR Kurup (Retd)
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    Re: provide reasons for its administrative or quasi-judicial decisions


    I appreciate your height of optimism. Do you think that the department will ever answer as to the reasons for Minister Saab to stop the inquiry ? If such answers were forthcoming readily there would not have been any problem. Anyway I wish you good luck though I was never lucky enough to get aswers to any of the requests for informations I had sought under Section 4(1)(d) so far.

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