The State Information Commission in Ajmer has not decided my second RTI appeal for two years. What can I do?

Detailed Legal Analysis

If the State Information Commission (SIC) in Ajmer has not decided your second RTI appeal for two years, you have several legal options to consider for expediting the process or seeking redress.

Under the Right to Information Act, 2005 (RTI Act), timely response to RTI appeals is mandated. Here are steps and considerations you can follow:

• File a Complaint with the SIC:
  • You can file a formal complaint with the State Information Commission, highlighting the delay in the decision on your second appeal.
  • Reference Section 18 of the RTI Act, which allows a person to make a complaint to the SIC if they are not satisfied with the response or if there is a delay in the decision.
• Seek Information through a Third RTI Application:
  • Consider filing a third RTI application specifically requesting information on the status or reasons for the delay in your second appeal.
  • This will create a record of your follow-up and may prompt action from the SIC.
• Approach the High Court:
  • If the delay persists, you have the right to approach the Rajasthan High Court under Article 226 of the Constitution of India for a writ of mandamus.
  • This writ can compel the SIC to make a decision on your appeal and ensure compliance with the RTI Act.
• Seek Legal Assistance:
  • Consult a lawyer who specializes in public interest law or RTI matters to explore further legal steps.
  • A legal expert can assist in drafting necessary petitions or complaints effectively.
• Raise Awareness:
  • Consider reaching out to NGOs or civil society organizations that work on RTI issues to raise awareness about your plight.
  • They may provide additional support or guidance on how to navigate the system effectively.

It is essential to document all communications and maintain records of your applications and responses as these will be useful in any further proceedings or complaints.

By following these steps, you can take proactive measures to address the delay in your RTI appeal and ensure your right to information is upheld.