complaint against RTI appellate authority

Question

complaint against RTI appellate authority

21-May-2026 (In Civil Law)

My 5 RTI appeals are before a Appellate authority against whom I have made some valid legal complaint, in his capacity as Deputy Secretary of a state, which is duly supported by documents. I am planning to write to the said appellate authority stating that he should not adjudicate my RTI appeals as is held by Supreme Court in A.K. Kraipak v. Union of India, Ashok Kumar Yadav Vs. State of Haryana holding that No one should be judge in their own case. Hope my action is as per law.

Answers (5)

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Rohidas Kamath
Received very good, positive and helpful response from various learned advocates. I express my gratitude to all of them for sharing their valuable opinion as well as valuable time.

Rohidas Kamath
thanks for your valuable response which is very useful.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2026-05-23T12:19:37+05:30

Answer #2

Your proposed action is legally sound in principle. The Supreme Court in A.K. Kraipak v. Union of India (1970) and other judgments has strongly upheld the principle of natural justice – “Nemo Judex in Causa Sua” (No one should be a judge in his own cause). Reasonable apprehension of bias is enough to seek recusal.

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Advocate Siddhesh Bhosle LawRato · Accepted Answer · 2026-06-10T16:05:28+05:30

Answer #3

If you genuinely apprehend bias and have already initiated proceedings or complaints against the appellate authority in relation to the subject matter, there is no prohibition on bringing the relevant facts to the authority's notice and requesting that the matter be placed before another competent officer. Whether recusal is warranted will depend on the facts and the nature of the complaint. The principles of natural justice, including the rule against bias, are well recognized in law. However, the merits of your objection would require examination of the RTI proceedings, the complaint made by you, and the role of the appellate authority therein. You may consult an advocate with the relevant documents for specific advice.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2026-06-12T16:53:46+05:30

Answer #4

Yes, your plan is legally sound. Under the principles of natural justice regarding bias (Nemo judex in causa sua), an officer facing a direct, valid complaint from you shouldn't adjudicate your matter.

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Advocate Sanket Ganpat Khamkar LawRato · Accepted Answer · 2026-06-13T06:12:58+05:30

Answer #5

From the facts stated, your objection appears to be based on the well-recognised principle of natural justice that no person should be a judge in his own cause Nemo Judex in Causa Sua If you have already filed a complaint against the concerned Appellate Authority and there is a reasonable apprehension of bias, you may place the relevant facts and supporting documents on record and request that the appeals be heard by another competent authority. However, the maintainability and merits of such a request will depend upon the nature of the complaint, the statutory framework governing the RTI appeals, and the specific facts of the case. Kindly share copies of the RTI appeals, complaint, and relevant documents for a detailed legal opinion and appropriate guidance.

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