New Delhi. The Supreme Court on Thursday said that the administrative authority exercising judicial or quasi-judicial power will have to record the reasons for its decision. The top court said that if the law gives an obligation to record the reasons in writing, then undoubtedly it should be followed and if it is not followed then it will be in violation of the law. The Supreme Court said that even if there is no obligation to record reasons or to support the order with reasons, there can be no doubt that there will be a reason for every decision.
A bench of Justices KM Joseph and S Ravindra Bhat said that those who may have a right or interest in the subject would know what were the reasons which compelled the administrator to take a particular decision. The bench said that an administrative authority exercising judicial or quasi-judicial power should record the reasons for its decision. The bench said that this is subject to the exception where the necessity explicitly or by reason of necessity precludes the mention of the reason for the decision.
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The bench said the duty to show cause would arise even in case of administrative action, where legal rights are at stake and administrative action adversely affects legal rights. The bench, in its 109-page judgement, said, the executive power of the Union and the States is provided for in Articles 73 and 162 of the Constitution of India respectively. Undoubtedly, in India, the action of every state should be impartial, failing which, it would be violative of the mandate of Article 14.
The apex court, while delivering its verdict on an appeal filed by the National Highways Authority of India (NHAI) against the Patna High Court order, held that the proposed construction of a toll plaza at the 194-km milestone of the Patna-Bakhtiarpur section of NH-30 in Bihar should It has been directed to shift from its present location to some other place on the new alignment which is different from the old NH 30. According to the bench, the construction of toll plaza at 194 km was not illegal or arbitrary and said that the direction of the High Court to shift the toll plaza cannot be upheld and it is liable to be set aside.
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