it was not proper for the judge to raise the issue which was not claimed initially
CENTRAL INFORMATION COMMISSION In CIC/SA/A/2014/000254 RKJain Vs Dept of Legal Affairs held that
11. The appellant has submitted that the case merits remand to the First Appellate Authority for giving an opportunity of hearing to the appellant. But as the concerned FAA Dr. Gita Rawat had already retired, he was not interested in remanding appeal to the present FAA. Making 6 point by point analysis of the FAA order, the appellant submitted that it was not proper for the FAA to raise the issue of safety of the record which was not claimed by the CPIO. The appellant took serious objection to para 6 of the FAA order wherein the FAA has stated that:
“Appellant may kindly note that if in future any information coming under Section 7(9) is sought by him, his request will be rejected, ab initio. Hence the appeal is rejected.”
12. The appellant also took exception to the wording of para7 of the FAA order, wherein the FAA said that “The appellant may kindly note that since the proceeding has been closed, no further hearing may be conducted in this matter.”, which implies that there was hearing in this case, but he was not heard. In this connection, the appellant referred to his complaint to CIC in file No. CIC/SA/C/2014/000019, which is being taken up after this appeal. He finally submitted that he does not want to inspect the files, but copies of the documents asked for may be supplied by the respondent authority.
13. The respondent authority, on the other hand, admitted that they had not sent the hearing notice in this case. The respondent officers also submitted that the information sought has to be collected from different Sections. Meanwhile, the RTI cell of the Department of Legal Affairs was shifted 3 times which caused dislocation of various files.
14. The Commission observes: Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission sets aside the order of First Appellate Authority for violating RTI Act and 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. Commission finds it deserves action though the concerned officer retired from service and recommends Public Authority to initiate disciplinary action against the concerned FAO for acting totally against the RTI Act in this case.