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2008 Supreme(Ker) 458

THOTTATHIL B.RADHAKRISHNAN
A. V. Sathyan – Appellant
Versus
Government of Kerala – Respondent


Advocates Appeared:For the Petitioner:P.N. Mohanan, Advocate. For the Respondents: Government Pleader.

Judgment :-

"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 petitioners 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.

3. Therequest 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

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