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

Detailed Legal Analysis

If the State Information Commission in Tumkur has not decided your second RTI appeal for two years, you can take several steps to seek resolution and ensure compliance with the Right to Information Act, 2005.

Under the Right to Information Act, 2005 (RTI Act), every citizen has the right to request information from a public authority, and there are specific timelines and procedures that must be followed by the authorities concerned. Here are the steps you can take:

• File a Complaint with the State Information Commission: You can file a formal complaint regarding the inordinate delay in the disposal of your second appeal. Section 18 of the RTI Act allows you to approach the Commission if your request for information is not responded to within the stipulated time.
• Send a Reminder: Draft a reminder letter to the State Information Commission, highlighting the date of your second appeal and the lack of response. Mention the provisions of the RTI Act that mandate timely responses.
• Request for a Hearing: You can request a hearing on your appeal. Section 19(6) of the RTI Act provides for the Commission to decide the appeal and, if necessary, to hear the appellant in person.
• Approach the Central Information Commission (CIC): If the State Information Commission fails to act, you can escalate the matter to the Central Information Commission, especially if the information pertains to central government bodies. While this is less common, it can sometimes prompt action.
• File a Writ Petition: If all else fails, you may consider filing a writ petition in the High Court under Article 226 of the Constitution of India. This could seek directions to the State Information Commission to decide your appeal expeditiously, citing the undue delay and violation of statutory rights under the RTI Act.
• Engage Legal Assistance: Consult with a lawyer who specializes in RTI cases. They can provide guidance on the best course of action and represent you if legal proceedings become necessary.

It is essential to keep a record of all your communications with the State Information Commission and any submissions made. The RTI Act emphasizes transparency and accountability, and you have the right to seek timely information.