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

Detailed Legal Analysis

If the State Information Commission in Allahabad has not decided your second RTI appeal for two years, you can take several steps to address this delay.

Under the Right to Information Act, 2005, the State Information Commission (SIC) is mandated to dispose of appeals and complaints in a timely manner. However, delays can occur, and you have options to pursue resolution.

• File a Complaint: You may file a complaint regarding the delay to the Chief Information Commissioner (CIC) or the State Chief Information Commissioner. This can be done in writing, explaining the situation and requesting intervention.
• Approach the Higher Authorities: If no response is forthcoming, consider writing to the Governor of Uttar Pradesh or the Chief Secretary, highlighting the inaction of the SIC. These officials may have the authority to expedite the process.
• Seek Legal Remedy: You can file a Writ Petition under Article 226 of the Constitution of India in the High Court of Allahabad. This is a legal remedy that can compel the SIC to decide your appeal. Be sure to include:
  • Details of your RTI application and the appeals made.
  • Evidence of the delay.
  • Any responses (or lack thereof) received from the SIC.
• Engage with Civil Society Organizations: There are various NGOs and civil society organizations that focus on RTI matters. They might provide support, legal advice, or advocacy on your behalf.
• Public Awareness: Consider raising awareness about the issue through social media or local media outlets. Public pressure can sometimes expedite action from authorities.

It’s important to document all your communications and maintain a record of your interactions with the SIC and any other authorities. This documentation can be crucial if you decide to take legal action or further escalate your complaint.

Relevant laws include:

• Right to Information Act, 2005: Sections 19(3) and 20 relate to the powers and functions of the SIC in handling appeals and complaints.
• Constitution of India, Article 226: Provides the High Court the power to issue writs for enforcing fundamental rights or for any other purpose.