The full bench, after examining the judgments of the two division benches and a host of judicial precedents, concluded that the power under Section 60 of the MPA is quasi-judicial in nature and hence, the orders passed under it are quasi-judicial orders.
While holding that the appellate authority was expected to give reasons for its orders, the Court clarified that the authority could maintain confidentiality at the same time.
“The State Government in appeal was not expected to write reasoned order in the nature of a judgment, but, that did not mean that no reasons whatsoever were required to be given. …reasons could be given by testing the impugned externment order objectively. It is possible to give reasons without divulging specific particulars of allegations against the externee. The reasons can be given maintaining confidentiality of the relevant material,” the judgment stated.
Source: Barandbench
