High Court Kerala High Court

Sathyan A.V vs Government Of Kerala on 26 August, 2008

Kerala High Court
Sathyan A.V vs Government Of Kerala on 26 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9265 of 2008(C)


1. SATHYAN A.V,PAYYOLI SERVICE CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA,REPRESENTED BY
                       ...       Respondent

2. JOINT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :26/08/2008

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.
-----------------------------------------------
            W.P.(C) NO.9265 OF 2008 (C)
-----------------------------------------------
     Dated this the 26th day of August, 2008

                   J U D G M E N T

“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.

2. 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.

W.P.(C) No.9265/2008

– 2 –

3. 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

W.P.(C) No.9265/2008

– 3 –

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 without

saying that the impugned Ext.P6 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 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 so far as the petitioner is concerned,

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.

W.P.(C) No.9265/2008

– 4 –

4. 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.

For the aforesaid reasons, this writ petition is

allowed, quashing Ext.P6 without expressing anything on

merits. The Government shall take up the matter and

reconsider the issue and pass fresh orders, after

affording the petitioner and his employer an

opportunity of hearing, in accordance with law, within

a period of three months from the date of receipt of a

copy of this judgment.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/26/8