2 Answers
Dear Client,
You can for sure approach the appellate authority requesting them to legally withdraw himself from hearing your RTI if there are genuine apprehensions of bias due to your own previous complaints against him when he was acting in his official capacity. As recognised in AK Kraipak v. UOI “nemo judex in causa sua”, which translates to "no one should be a judge in his own cause" is one of the most fundamental principles of natural justice. However, if the authority will surely transfer your matter or recuse himself from it will depend upon the nature of your complaint and the applicable administrative structure.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Client,
One of the key components of natural justice is the concept that individuals cannot act as judges in their own case that is nemo judex in causa sua. The Supreme Court is applying this principle in many of its judgments.
In A.K Kraipak vs Union of India the Supreme Court held that rules of natural justice are read into every quasi judicial and administrative proceeding, and that a person who has an interest in the outcome of a matter cannot adjudicate it. In Ashok Kumar Yadav vs State of Haryana, the Court reiterated this principle in the context of selection processes. These principles apply squarely to RTI appellate proceedings.
Your action of writing to the appellate authority drawing his attention to this conflict of interest is legally correct and procedurally appropriate. In your written communication, clearly state that since you have made a documented legal complaint against him in his capacity as Deputy Secretary, his adjudication of your RTI appeals would violate the principle of natural justice as recognized in A.K Kraipak and subsequent judgments, and request that your appeals be transferred to another appellate authority. Send this communication by registered post and email, keeping copies.
If he proceeds to adjudicate despite this objection, his orders will be vulnerable to challenge before the State Information Commission or the High Court on grounds of violation of natural justice making his adjudication a wasteful exercise in any event. Placing this objection on record now protects your position in any subsequent proceedings.
I hope this helps, and if you have any further issues, do not hesitate to contact us.