Is Personal Hearing of Appellant mandatory in First Appeal under RTI?

Is Personal Hearing of Appellant mandatory in First Appeal under RTI?In case we do not receive the decision of the Central Public Information Officer (CPIO) or the State Public Information Officer (SPIO), as the case may be, within the time specified, or are aggrieved at the decision of the CPIO or SPIO, we may submit first appeal to the First Appellate Authority (FAA) in the concerned public authority within thirty days from the expiry of such period or from the receipt of such a decision. First Appeal is important opportunity for applicant to get the information by making personal presence and justifying his demand for information. However, after receiving First Appeal, many a times FAA passes orders without hearing or sending hearing notice to the appellant, causing the appellant to loose opportunity to justify himself. Hence the question “is Personal Hearing of Appellant mandatory in First Appeal under RTI?”.

In the matter of Mr. R. K. Jain vs. Department of Legal Affairs Government of India, registered under File No. File No.CIC/SA/A/2014/000254, the Central Information Commission observed the following:

“Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission has set aside the order of First Appellate Authority for breach of natural justice by denying the appellant a chance of presenting his case and by raising entirely a new defence which was never claimed. The Commission recommended to initiate disciplinary action against the officer who was First Appellate Authority though he retired from service.”
You may read the complete order of commission at
From above order it is very clear that First Appellate Authority must provide opportunity of personal hearing to the appellant. This post addresses the question “is Personal Hearing of Appellant mandatory in First Appeal under RTI?”.

If this article was helpful to you, please share using below buttons. Please Like us on Facebook at


  • vijay

    every act/law is based on intention. indian babus are 50% unfit not capable of being named as publicservants and are burden on exchequer, simple information is denied no less by central govt. ministries on petty grounds that information is not compiled in the form asked for, manpower cannot be deployed to assemble the info. deptt of pensions and pensioners welfare has no data of pensioners reg their date of birth, date of retirement, date of their last increment, post from which retd, address, tele no.
    what welfare can be expected from such poor bureaucrtes holding posts in so called department of pensions and pensioners welfare.
    you donot know the data of govt of india pensioners and doing their welfare, strange!!! even 7th CPC has mentioned in its report that exact no. pensioners is not known !!!!
    Give this job to retired officers and they shall do it and within a month or two everything shall be on click of mouth, shame on such dull public servants only india can afford, no developed country.

  • electricscootershq

    Yes sir, even when written submissions are on record well in advance before hearing in case of deemed denials also and also state that they can not review their own decision, even in case of mistake and ask appellant to go to Court.

    • Thank you for your comment.
      YES. In all cases, First Appellate Authority(FAA) is bound to provide opportunity of personal hearing to the appellant. If FAA doesn’t do so, his decision on First Appeal will be invalid. However, Appellant is not bound to attend hearing. It depends on appellant whether he will be personally present during hearing or nominate someone else to be present for hearing on his behalf, or be not present during hearing.

Leave a Reply

Your email address will not be published. Required fields are marked *