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Rohidas Kamath   21 May 2026

Complaint against appellate authority in rti

MY five RTI appeals are before an Appellate authority against whom I have made some valid legal complaint in my RTI, in his capacity as Deputy Secretary of a state Govt, duly supported by documents. Iam planning to write a letter to the said appellate authority stating that he should not adjudicate my said RTI appeals as is held by Suoreme court in AK Kraipak V/S union of India and Ashok Kumar Yadav V/S State of Haryana holding that no one can be a judge in their own case. Hope my action is as per law. thanks. Any additional opinion is highly appreciated. 

 



 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 May 2026

Requesting the recusal of an Appellate Authority due to a conflict of interest based on the principles of natural justice and Supreme Court rulings is a sound legal strategy. A formal, fact-based letter should be sent to the authority to request a transfer of the appeals, ensuring that legal deadlines for filing a second appeal with the State Information Commission are met.

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Rohidas Kamath   21 May 2026

Thanks a lot to respected Shri Rama Chary Rachgondagaru for clear, cryptic and appropriate reply to my query. great

Rohidas Kamath 9930455275

T. Kalaiselvan, Advocate (Advocate)     21 May 2026

You are invoking is "Nemo judex in causa sua" (no one should be a judge in their own cause), which is a core pillar of Natural Justice. When an appellate authority has a personal or official interest in the subject matter, or when their own conduct is under scrutiny, it creates a reasonable apprehension of bias.

You can send an Application for Recusal instead of just a standard letter, formally title the document:

"Application requesting Recusal of the First Appellate Authority on grounds of Official Bias and conflict of interest."

When you cite the judgments, explicitly connect them to the facts of your situation:

A.K. Kraipak v. Union of India (1969): The Supreme Court held that the rules of natural justice apply to administrative proceedings as well. Mention that the court emphasized that the test is not whether actual bias has occurred, but whether there is a reasonable apprehension of bias in the mind of the party.

Ashok Kumar Yadav v. State of Haryana (1985): The Court reiterated that if there is a reasonable likelihood of bias, the officer must recuse themselves to ensure justice is not only done but seen to be done.If the Appellate Authority ignores your letter, goes ahead anyway, and rejects your appeals, do not worry, you can file a second appeal.When you file your Second Appeal, your very first and strongest argument will be that the First Appellate order is completely void (void ab initio) because it violated the principles of natural justice.

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Rohidas Kamath   21 May 2026

Respected T Kalaiselvan sir

Outstanding response which should be convincing to the appellate authority.

Thanks for your response which is most valuable to people like me who make efforts to learn things. No words for appreciation sir.

Once again big thanks.

Lighter side "Mogambo kush Hogaya" famous dialogue of villain actor Mr Amresh Puri in Mr India(Hindi Movie) No offense to anyone intended. just for pun. 

T. Kalaiselvan, Advocate (Advocate)     22 May 2026

You are welcome for your appreciations Me. Kamath 

Rohidas Kamath   10 June 2026

Thanks a lot to everyone for their valuable advice on the recusal of the FAA under RTI Act. In my said appeals, the concerned FAA has recused from adjudicating the appeal and now it is adjudicated by someone else. Once again a sincere and honest thanks to everyone for their valuable advice. 


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