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

Detailed Legal Analysis

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

Under the Right to Information Act, 2005 (RTI Act), the timely disposal of appeals is mandated, and undue delays can be challenged. Here are the steps you can take:

• File a Complaint: You can file a complaint against the State Information Commission for not disposing of your appeal in a timely manner. This can be done under Section 18 of the RTI Act, which allows any person to file a complaint regarding any matter relating to the implementation of the Act.
• Approach the Central Information Commission: If your appeal pertains to a central public authority, you can approach the Central Information Commission (CIC) if you believe that the state commission is not acting effectively. However, this is generally applicable for central information matters.
• File a Writ Petition: If the delay continues, you may consider filing a writ petition in the Karnataka High Court under Article 226 of the Constitution of India. This would be to seek a direction for the State Information Commission to decide your appeal. The court can issue orders if it finds that there has been a failure to perform a statutory duty.
• Seek Legal Counsel: Consulting with a lawyer who specializes in RTI or constitutional law can provide you with tailored advice and assistance in drafting your complaint or writ petition.
• Public Awareness: Raising awareness about the delay through media or social platforms can sometimes prompt action from the authorities. Public pressure can lead to a quicker resolution of your case.

It is crucial to document all your communications with the State Information Commission, including dates and details of your appeals. The RTI Act emphasizes transparency and accountability, and delays can be seen as a violation of the rights granted to citizens. Your persistence in following up will be key in ensuring that your rights under the RTI Act are upheld.

For further reference, you may look into:

• Right to Information Act, 2005 (Sections 18 and 19)
• Constitution of India (Article 226)