Right To Information Act, 2005 Vs Quasi Juducial.
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Section 4(1)(d) of the RTI act, 2005 frame question ? quasi judicial authority? Can we demand the info that why he/she has passed the order in favour of any one else.
Because Section 4 (1) (d) Right To Information Act, 2005 say ((((provide reasons for its administrative or quasi-judicial decisions to affected persons.)))
case law required & opinion are welcomed.
so we can say that court decision are not covered by the above mentioned section because words ((((( administrative or quasi-judicial decisions)))) is given.
also eleborate which authority comes under quasi judicial authority * which comes under administrative authoirty?
State Of maharashtra.
Thanks
Kiran Kumar
(Expert) 17 June 2011
Whenever a particular authority is performing judicial functions it has to give reasons in its orders only.
one can not raise a question "Why you decided in favour of other party?"
such kind of queries will affect the functioning of the judicial/ quasi judicial body.
every such order is subject to judicial review, if someone is not satisfied with the reasons contained in the order or the order itself is devoid of reasons then one can approach higher authority/ courts to get proper adjudication.
Querist :
Anonymous
(Querist) 17 June 2011
Thanks Sir
So what does the section 4 (1)(d) of the RTI Act, 2005 has to say. what does it want's to convey why words quasi judicial authority & administrative authority are used?
Kiran Kumar
(Expert) 17 June 2011
I think you are not a law student or a lawyer.
well, whenever a particular law or a particular provision of law is to be read it has to be read in toto and in the right context....interpretation of law is not that easy.
read Section 4 in toto...for what purpose S.4 has been included in the RTI Act?
the clause you are referring to conveys the administrative or quasi judicial reasons have to be conveyed to the victim for non compliance of provisions of S.4 of RTI Act.
beyond this, this clause has no meaning or relevance.
read the section carefully and read it in right context.
PALNITKAR V.V.
(Expert) 17 June 2011
Basically S. 4 enumerates the duties of the Public Information Officer. S. 4[1][d] makes it mandatory for the PIO to inform reasons to the affected person, the reasons for its i.e. PIO's administrative and quasi judicial decisions. Decisions rendered by the PIO on an application made by a person for seeking information may be administrative or quasi judicial in nature. The concerned applicant has right to know the for taking such decision. hence, this provision.
Querist :
Anonymous
(Querist) 17 June 2011
Thanks Palnitak V V Sir Excellent.
Advocate. Arunagiri
(Expert) 17 June 2011
The act of the PIO is not judicial. He is using his administrative powers only, using his own wisdom.
