The State Information Commission in Jamshedpur has not decided my second RTI appeal for two years. What can I do?
KA Asked by Kavita Joshi from India
Quick Answer
Section 19(5) of the RTI Act, 2005 requires the Information Commission to decide appeals within a reasonable time; inordinate delay violates the right to information under Article 19(1)(a).
Detailed Legal Analysis
Section 19(5) of the RTI Act, 2005 requires the Information Commission to decide appeals within a reasonable time; inordinate delay violates the right to information under Article 19(1)(a). File a representation to the Chief Information Commissioner of the State Information Commission with copies of the appeal and pending status.
Approach Jharkhand High Court under Article 226 for a writ of mandamus directing the Commission to decide the appeal within a fixed timeframe. The court can also direct a penalty on the PIO under Section 20 of the RTI Act.
Preserve the appeal receipt, status reports, and correspondence as evidence. The Supreme Court in Namit Sharma (2009) emphasised timely disposal of RTI appeals.
Refer to Jharkhand Rent Control Act 2016 for state RTI rules and Commission procedure applicable in Jharkhand.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.