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

Detailed Legal Analysis

If the State Information Commission in Moradabad has not decided your second RTI appeal for two years, you have several options to pursue in order to expedite the process and seek justice.

Under the Right to Information Act, 2005 (RTI Act), the State Information Commission is obligated to dispose of appeals in a timely manner. The delay in resolving your appeal can be addressed through the following steps:

• File a Complaint: You can file a complaint with the Chief Information Commissioner (CIC) or the State Chief Information Commissioner (SCIC) regarding the inordinate delay. This complaint can highlight the lack of action on your appeal.
• Write a Reminder: Draft a formal reminder to the State Information Commission, requesting an update on the status of your appeal. Include your RTI application number and any other relevant details to facilitate quick reference.
• Seek Legal Recourse: If the delay continues, consider approaching the High Court under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the State Information Commission to decide your appeal. You can cite the lack of response as a violation of your right to information.
• Engage with Civil Society Organizations: Reach out to NGOs or civil rights organizations that specialize in RTI matters. They may offer assistance, advice, or even legal support to help expedite your case.
• Publicize the Issue: Sometimes public awareness can spur action. Consider writing to local newspapers or using social media to bring attention to your plight, as public scrutiny can prompt quicker resolution.

It’s essential to reference the provisions of the RTI Act, particularly:

• Section 19: This section outlines the process for appeals and the obligation of the State Information Commission to decide appeals expeditiously.
• Section 25: It mentions the powers of the Commission to review and recommend the necessary actions for ensuring transparency.

In summary, you have legal recourse to address the delay, and it is advisable to pursue these options diligently to ensure your rights under the RTI Act are upheld.