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

Detailed Legal Analysis

If the State Information Commission in Visakhapatnam has not decided your second RTI appeal for two years, you have several options to address this delay.

Under the Right to Information Act, 2005 (RTI Act), the State Information Commission is mandated to dispose of appeals within a reasonable time frame. However, if there is undue delay, you can take the following steps:

• File a complaint with the Commission: You can file a formal complaint with the State Information Commission regarding the delay. The complaint should detail your RTI application, the date of filing the appeal, and the lack of response. You can submit this complaint through a written letter or via email if the Commission accepts electronic submissions.
• Seek intervention from the Chief Information Commissioner: If the delay persists, you may consider writing to the Chief Information Commissioner (CIC) of the state, highlighting your case and the undue delay. The CIC has the authority to intervene and expedite the process.
• Approach the State High Court: If the above methods do not yield any results, you can approach the High Court under Article 226 of the Constitution of India for a writ of mandamus. This writ can compel the State Information Commission to perform its statutory duty. You would need to demonstrate that you have exhausted all available remedies within the RTI framework.
• Engage a legal practitioner: It may be beneficial to consult with a lawyer who specializes in RTI or constitutional law. They can offer tailored advice and assist you in drafting necessary petitions or complaints.
• Publicize your issue: Sometimes, raising public awareness about your case through media or social platforms can draw attention to the delay, prompting quicker action from the authorities.

It is important to keep copies of all communication related to your RTI application and subsequent complaints. Documentation can support your case if you decide to escalate the matter legally. Refer to Sections 19 and 20 of the RTI Act, which outline the procedure for appeals and penalties for non-compliance by public authorities.