7
WPA (P) 104 of 2022
Hon’ble Supreme Court in the case of Anuradha
Bhasin (supra) has considered the scope of Rule 2(2) of
the Rules of 2017 by holding that such an order must be
a reasoned order and reasoning of the authorities and
officers
should
indicate
unavoidable
circumstances
necessitating passing of such an order. It has been so
held in paragraph 94 of the judgment as under:
“94. Rule 2(2) is also extremely important, as
it lays down twin requirements for orders passed
under Rule 2(1). First, it requires that every order
passed by a competent authority under Rule 2(1)
must be a reasoned order. This requirement must
be read to extend not only to orders passed by a
competent authority, but also to those orders
passed by an authorised officer which is to be sent
for subsequent confirmation to the competent
authority. The reasoning of the authorised officer
should not only indicate the necessity of the
measure
but
also
what
the
“unavoidable”
circumstance was which necessitated his passing
the order. The purpose of the aforesaid rule is to
integrate the proportionality analysis within the
framework of the Rules.”
In the present case, the impugned order mentions
about some intelligence reports but in the order of the
Review Committee no such intelligence report has been
mentioned nor any such report has been brought to the
notice of this Court. The order of the Review Committee
discloses that the impugned order has been issued to
ensure the conduct of Madhamik Examination in free and