Serving a copy of documents to the opposite party in a hearing before the CIC

A member of the Delhi Niwas Cooperative Group Housing Society Ltd., Delhi sought information regarding financial irregularities in the Society's accounts. The CIC reminded the Complainant 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. It further reinforces the bonafide interest of the Appellant in obtaining the information at the earliest possible. The requirement of advance service is in accordance with the audi alteram partem requirement. It further ensures that the opposite party is aware of the facts of filing of a case in CIC, arguments of the Appellant and reason for discontentment.

Comments

Audi alteram partem is a Latin phrase that means "hear the other side" and refers to the legal principle that no person should be judged or have a decision made against them without a fair hearing. It has been seen that where the applicant had served advance copy of the Second Appeal/Complaint on the opposite party, the Respondent Public Authority tries proactively to resolve the case by either providing clarity on the subject or by providing revised and updated reply to the Appellants before the date of hearing. The result is a faster delivery of information, reducing the time, energy and efforts of the CIC in an early disposal. Thus, it is the interest of the Appellant/Complainant to serve copy of Second Appeal/Complaint on the Respondents.

Citation: Subhash Chander Banga v. Office of the Registrar Cooperative Societies, File No: CIC/REGCS/C/2024/612685; Date of Decision: 25.08.2025
 

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