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

Detailed Legal Analysis

If the State Information Commission in Amravati has not decided your second RTI appeal for two years, you can take several steps to expedite the resolution of your case.

Under the Right to Information Act, 2005, specifically Section 19(3), if the State Information Commission fails to act on your appeal within a reasonable time frame, you may consider the following actions:

• File a Complaint with the State Information Commission:
  • You can file a formal complaint regarding the delay in the decision on your appeal.
  • Use the prescribed format available on the official website of the State Information Commission.
• Seek Information through a Third Appeal:
  • If a decision is not made, you can approach the Central Information Commission (CIC) or the appropriate authority if the matter pertains to central government departments.
  • However, be mindful that this is generally applicable for central-level appeals.
• Write to Higher Authorities:
  • Address a letter to the Chief Secretary of the State or the Governor, highlighting the undue delay.
  • Include all relevant details, such as your RTI application dates, the nature of the request, and the lack of response.
• File a Writ Petition:
  • If the delay is unreasonable and you have exhausted all administrative remedies, consider filing a writ petition in the High Court under Article 226 of the Constitution of India.
  • This legal action can compel the State Information Commission to decide your appeal.
• Engage a Legal Professional:
  • Consult a lawyer who specializes in constitutional law or RTI matters for personalized legal advice.
  • A legal professional can guide you through the intricacies of filing a writ petition or escalating the matter effectively.

It is crucial to keep all records of your RTI applications, appeals, and correspondence with the Information Commission to support your case in any further actions you decide to take.