Personal hearing before the first appellate authority

Information in respect of election in Sri Ram CGHS Itd. was sought. The CIC noted that the Complainant has not served a copy of the instant Complaint upon the Respondent. The CIC observed that serving a copy of documents (including Complaint, Second Appeal and Written submissions) to the opposite party is fundamental requirement for due process in legal proceedings and crucial for fairness, transparency, and also in the interest of expeditious response from the concerned Public Authority. The CIC issued an advisory u/s 25 (5) of the RTI Act to the Respondent Public Authority to provide a due opportunity of being heard to the parties while adjudicating the First Appeal in view of principle of natural justice.

Comments

There is no specific provision in the RTI Act, 2005 which provides for a compulsory personal hearing before the first appellate authority. However, it would be incumbent upon the FAA to grant a personal hearing to the appellant if it has been sought. The principles of natural justice should be followed.

Citation: S K T Sherman v. O/o the Registrar Cooperative Societies, File No: CIC/REGCS/C/2024/624441; Date of Decision: 18.08.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com