State Vigilance Department Can’t Be Completely Exempted From Operation Of RTI Act
Case: Subash Mohapatra & Ors. v. State of Odisha & Anr.
Coram: Dr. S. Muralidhar, CJ. & Radha Krishna Pattanaik, J.
Case No.: W.P.(C) No. 14286 of 2016
Court Observation: “Thus, it is seen that what cannot be kept outside the purview of disclosure under the RTI Act as spelt out in the proviso to Section 24(4) of the RTI Act is information pertaining to “allegations of corruption and human rights violations” in both sub-categories of cases as noted hereinbefore viz., cases generally concerning allegations of corruption and human rights violations which are under investigation by or have been investigated by the concerned intelligence and security organisations established by the State Government’ or cases concerning allegations of corruption and human rights violations involving those working for or employed by the said organisations established by the State Government.”
“In other words, the notification insofar as it prevents disclosure of information concerning the General Administration (Vigilance) Department even when it pertains to allegations of corruption and human rights violations would be contrary to the first proviso to Section 2 (4) of the RTI act and, by that yardstick, would be unsustainable in law. If under the RTI Act disclosure is the norm, and non-disclosure the exception, then the impugned notification seeks to take away what is provided by the RTI Act and is therefore ultra vires the RTI Act”
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Keywords
State Vigilance Department, Operation Of RTI Act
