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

Detailed Legal Analysis

If the State Information Commission in Kota has not decided your second RTI appeal for two years, you can take several steps to expedite the process or seek redressal.

Under the Right to Information Act, 2005, every citizen has the right to access information from public authorities. If your appeal has been pending for an unreasonable amount of time, consider the following actions:

• Follow Up with the Commission: Regularly check the status of your appeal by visiting the State Information Commission's office or contacting them via phone or email. It is important to maintain a record of these communications.
• File a Complaint: If there is undue delay, you can file a complaint with the State Information Commission under Section 18 of the RTI Act, 2005. This section allows you to approach the Commission if you believe that the information sought is not being provided in a timely manner.
• Seek Judicial Intervention: You may approach the High Court under Article 226 of the Constitution of India, seeking a writ of Mandamus to compel the State Information Commission to dispose of your appeal. This is appropriate when administrative bodies fail to perform their legal duties.
• Write to Higher Authorities: Consider drafting a written complaint to the Chief Information Commissioner or the State Chief Secretary regarding the delay. Highlight the importance of timely information access as mandated by the RTI Act.
• Engage with Civil Society Organizations: Reach out to NGOs or civil society organizations that specialize in RTI matters. They might provide assistance or legal support in compelling the Commission to act on your appeal.
• File an RTI Query: You can also file a new RTI application addressing the delays in your previous appeal. This can sometimes prompt action as authorities may prioritize resolving pending matters.

It is crucial to understand that the Right to Information Act, 2005, under Section 19, mandates that appeals should be disposed of within a period of 30 days from the date of receipt. If the delay exceeds this timeframe, you have a right to seek remedies as outlined above.

In summary, persistent follow-up and utilizing the legal avenues at your disposal are vital to ensuring a timely resolution to your RTI appeal.