Hyderabad: The Telangana High Court has overturned an order issued by the Telangana Information Commission (TGIC), ruling that it violated the principles of natural justice by denying an applicant a fair opportunity to be heard.
Justice Surepalli Nanda passed the decision while hearing a writ petition filed by Boddupalli Shankaraiah, who challenged the commission’s closure of his complaint under the Right to Information (RTI) Act, 2005.
Background of the case
Shankaraiah had sought information regarding the status of his proposal for compassionate appointment, which he had submitted in 2008. Alleging inaction by the concerned public authority, he approached the TGIC under Section 18(1) of the RTI Act.
The commission, however, closed the complaint, stating that the requested information had already been furnished. It also recorded that the petitioner was absent during the hearing.
Notice served after hearing
Before the High Court, it was revealed that the notice dated August 19, 2025, asking the petitioner to appear for a hearing on August 29, was received by him only on September 3—after the hearing had already concluded.
Taking note of this lapse, Justice Nanda observed that the petitioner had been denied a reasonable opportunity to be heard. The court held that proceeding in his absence due to the delayed service of notice amounted to a violation of natural justice.
Court’s observations
The High Court further noted that an order passed “behind the back” of a party is arbitrary and legally unsustainable. It emphasised that ensuring proper notice and an opportunity to participate in proceedings is fundamental to fair decision-making.
Accordingly, the court set aside the TGIC’s order, reaffirming the importance of adhering to procedural fairness under the law.
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