RTI Act: Appellants should be given reasons before disposing of appeal, orders CIC

To bring about transparency in the system and make appellate authorities accountable, the State Information Commission (SIC) has asked the First Appellate Authorities (FAA) to provide a “speaking and reasoned order” to the commission as well as to the complainant before disposing of an appeal.
RTI Act: Appellants should be given reasons before disposing of appeal, orders CIC

To bring about transparency in the system and make appellate authorities accountable, the State Information Commission (SIC) has asked the First Appellate Authorities (FAA) to provide a "speaking and reasoned order" to the commission as well as to the complainant before disposing of an appeal.

"It is a settled proposition of law that even in administrative matters reasons should be recorded as it is incumbent upon the authorities to pass a speaking and reasoned order," said the state information commissioner, Mohammad Ashraf Mir.

"Every state action should be informed by reasons and it follows that an act uninformed by reason is arbitrary. The rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom the governance is entrusted for the time being," the SIC said in an order.

The FAA is a quasi-judicial body. When an appellant comes with his appeal before it, the authority has to examine and consider the averments made in the memo of appeal, the grounds taken by the appellant for filing such an appeal, the facts and circumstances leading to the filing of such appeal, and the arguments made and plea taken during the hearing of the appeal.

The authority then has to record its finding on each ground taken or the plea raised while disposing of the appeal.

"Reason is the heartbeat of every conclusion. It introduces clarity in an order, be it judicial, quasi-judicial or even administrative," said Ashraf.

"The commission being the second appellate authority has the advantage of examining and knowing the reasons that prevailed with the FAA in making the impugned order," he added.

Related Stories

No stories found.