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

Detailed Legal Analysis

If the State Information Commission (SIC) in Purnia has not decided your second RTI appeal for two years, you can escalate the matter by filing a complaint before the Chief Information Commissioner or approaching the High Court for appropriate relief.

Here are the steps you can take to address the delay in your RTI appeal:

• File a Complaint with the Chief Information Commissioner:
  • Prepare a formal complaint detailing the delay in your second appeal.
  • Include copies of your RTI applications and any correspondence with the SIC.
  • Submit the complaint to the office of the Chief Information Commissioner, either in person or through registered post.
• Approach the High Court:
  • If you do not receive a satisfactory response from the Chief Information Commissioner, you can file a writ petition under Article 226 of the Constitution of India.
  • The petition should highlight the inaction of the SIC and seek directions for the timely resolution of your appeal.
  • Engage a lawyer to assist you in drafting the petition, ensuring to include all relevant facts and documents.
• Seek Information under Section 18 of the RTI Act:
  • According to Section 18 of the Right to Information Act, 2005, a person can approach the SIC if they believe that information has not been provided as per the Act.
  • You can file a complaint with the SIC itself regarding the delay, invoking the provisions of this section.
• Maintain Documentation:
  • Keep a record of all your RTI applications, responses received, and any follow-up actions taken.
  • This documentation will be crucial if you decide to escalate the matter legally.

It is important to remember that under the Right to Information Act, 2005, every citizen has the right to request information, and the State Information Commission is mandated to respond within a reasonable time frame. Delays can be challenged under Article 19 of the Constitution, which guarantees the right to freedom of speech and expression, including the right to access information.