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

Detailed Legal Analysis

If the State Information Commission in Itanagar has not decided your second RTI appeal for two years, you can take the following steps to seek redressal:

• File a Complaint: You can file a complaint with the Central Information Commission (CIC) or the Arunachal Pradesh State Information Commission (APSIC) under Section 18 of the Right to Information Act, 2005 (RTI Act). This section allows for complaints regarding the failure of the Commission to exercise its powers.
• Seek Information from the Commission: You may write to the State Information Commission formally requesting an update on the status of your appeal. Mention the date of your second RTI appeal and highlight the delay. This could prompt them to expedite the decision.
• File a Writ Petition: If the delay continues, consider filing a writ petition under Article 226 of the Constitution of India in the High Court of Arunachal Pradesh. This is a legal remedy to compel the State Information Commission to act on your appeal.
• Contact the Chief Information Commissioner: Approach the Chief Information Commissioner of Arunachal Pradesh to bring attention to the prolonged delay in your case. This can sometimes lead to quicker resolutions.
• Engage Legal Assistance: If you feel overwhelmed, consider consulting a lawyer who specializes in RTI matters. They can provide guidance on the legal intricacies and help draft necessary documents.

It's essential to maintain a record of all communications and actions taken regarding your RTI appeal. This documentation can be useful if you decide to escalate the matter further. Under the RTI Act, the time limit for disposing of an appeal is typically 30 days, and prolonged delays are not in compliance with the Act.

In your communications, refer to:

• Right to Information Act, 2005: Sections 18 and 19 specifically address the powers of the Information Commission and the process of appeals.
• Article 19 of the Constitution: This article guarantees the right to freedom of speech and expression, which encompasses the right to seek and receive information.

Taking these steps can help expedite the resolution of your case and ensure that your rights under the RTI Act are upheld.