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

Detailed Legal Analysis

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

Here are some actions you can consider:

• File a Complaint: You can file a formal complaint with the State Information Commission regarding the undue delay in deciding your appeal. The complaint can highlight the prolonged inaction and request for a swift resolution.
• Seek Information Under Section 19(3): According to the Right to Information Act, 2005, you have the right to appeal to the State Information Commission under Section 19(1) if your request is not replied to. Under Section 19(3), you can also seek information on the status of your appeal and reasons for the delay.
• Approach the Central Information Commission: If the State Information Commission fails to act even after your complaint, you may consider approaching the Central Information Commission. However, this is generally applicable if there are grounds to believe that the state body is not functioning as per the provisions of the RTI Act.
• Judicial Review: If all other avenues fail, you have the option to file a writ petition in the High Court under Article 226 of the Constitution of India. You can invoke the jurisdiction of the High Court to compel the State Information Commission to decide your appeal. This is generally a last resort.
• Follow-Up Regularly: Ensure you are following up regularly with the State Information Commission. You can call their office, send emails, or visit in person to inquire about the status of your appeal.
• Utilize Public Interest Litigation (PIL): If this delay is a systemic issue affecting many individuals, consider filing a PIL in the High Court to address the broader problem of delays in RTI appeals.

It is essential to maintain all records of correspondence and any submissions made to the State Information Commission during this process. The Right to Information Act mandates timely responses, and the delay you are experiencing may be challenged based on the provisions of the law, specifically under Sections 7 and 19, which ensure the right to information and the appeal process respectively.