All decisions should be reasoned
1. All decisions should be reasoned
CIC/Legal/2010/089
CIC Order No : Not applicable
Operative Section : Section 8(1) (j) of the RTI Act.
Brief of CIC Order : Not applicable
Writ Petition No : 30388/2010, Karnataka High Court.
Issue :
Whether the CPIO can reject a RTI application on the ground that alternate remedy is available and in terms of an earlier decision of Chief Information Commissioner to the effect that the information sought is a trade secret and cannot be disclosed.
Brief of Court Order :
Court while quashing the order of the CPIO observed,
―Further on the ground of alternate remedy the application is rejected. The decision as relied upon is not forthcoming. Even the learned Counsel for the respondents is unable to justify the reasoning of the respondent. She is unable to state as to which is the decisions that has been relied in passing the impugned order. In that view of the matter, I am of the considered view that the impugned order calls for interference.
The second ground on which the said application is rejected is that one of the decision rendered by the Chief Information Officer has declined the said request.
Under these circumstances, filing of the appeal would be futile. The contentions is well founded. In view of the reasoning of the authority that the application requires to be rejected in terms of the earlier decision rendered, filing an appeal against such an order would merely be an empty formality and not a efficacious remedy.
Any authority, which is required to pass an order, has to state reasons for it. The reasons shall form the basis of the conclusion. Merely to state that in some other decision, view has been taken is not only improper but is not an order in the eyes of law. Under these circumstances, therefore, I am of the considered view that in the absence of any reasoning in the impugned order rejecting the plea of the petitioner, the order would require to be set aside on that ground alone‖.
Status : Disposed of on 25.07.2011.