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TMI Blog2010 (1) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... al obtained by them as well as the result of departmental action initiated by the Government - Thus, the petitioner are bound to disclose the information sought for by the respondent - Reliance placed upon the exemption provision has no relevance to the information sought for by the respondent. - 23507-23508 of 2009 - - - Dated:- 12-1-2010 - K. Chandru, J. REPRESENTED BY :Shri M. Dhandapani, Spl. G.P., for the Petitioner. S/Shri M. Muthupandian, Krishna Anand and G. Rajagopal, SC, for M/s. G.R. Associates, for the Respondent. [Order (Common)]. These two writ petitions were filed by the Superintendent of Police, Central Range, Office of the Directorate of Vigilance and Anti-Corruption, Chennai. 2. In the first writ petition, a challenge is to the order made by the State Information Commission dated 16-10-2009, wherein the Commission directed the petitioner to furnish the information sought for by the first respondent free of cost. In the second writ petition, the challenge is to the order, dated 24-9-2009 passed by the second respondent the State Information Commission. By the said order, the Commission directed the petitioner to make available the informa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to their names, the post in which they have committed corrupt practices, the description of the charges and the recommendations given to the Vigilance Commissioner after investigation. On receipt of the said requisition letter, dated 4-10-2008, the Public Information Officer attached to the petitioner s office did not furnish the information. Therefore, a representation was made to the appellate authority by a further communication, dated 8-11-2008. Further reminders were also sent on 27-11-2008 and 11-12-2008. 7. 1n the meanwhile, the petitioner informed the first respondent that the petitioner organisation has been exempted from the purview of the Right to Information Act, 2005 (for short RTI Act) by virtue of G.O. Ms. No. 158, P AR(N) Department, dated 26-8-2008. They merely informed him that they were exempted from furnishing the information. Thereafter, the first respondent complained to the second respondent Commission. The Commission after notice to the parties held that paramount ideals of the RTI Act is transparency of operations of public authority and that there is difference in the terminology relating to intelligence and security organisations. Further, the informati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The State Vigilance Commission and the Directorate of Vigilance and Anti-Corruption primarily deal with investigation into alleged corrupt activities of public servants. The investigations and subsequent actions culminate in disciplinary action or criminal action in the appropriate courts of law. Confidentiality and secrecy in certain cases requires to be maintained during the whole process from the initial stage upto filing of charge sheet in the court on the one hand and upto issue of final orders in the case of disciplinary proceedings. Revealing any information to any agency including the aggrieved person would be detrimental to the progress of the case. Of late, there has been a tendency on the part of some citizens to ask for a lot of information under the Right to Information Act, 2005. The Government feel that in vigilance cases giving information at the initial stages, investigation stages and even prosecution stages would lead to unnecessary embarrassment and will definitely hamper due process on investigation. 11. He also submitted that when the said G.O. came to be challenged, a division bench of this court in P. Pugalenthi v. State of Tamil Nadu and Others in W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion at the initial stage, investigation stage and even prosecution stage, would lead to unnecessary embarrassment and would definitely hamper due process of investigation. 9. In our view, the State has given sufficient reasons as to why it was exercising powers under Section 24(4) of the Act and this is in exercise of discretionary power, which is otherwise also protected under sub-clause (2) of Article 19 of the Constitution of India as stated earlier. 11. The third ground is that the property held by these organisations or their budgetary allocations must be known to the public. It is not for us to dictate to the State as to how it has to function, when it gives exemption to these organisations. Insofar as the allegation of corruption and human rights violation are concerned, the first proviso to Section 24(4) of the Act takes care of apprehension of the petitioner. It clearly provides that information on allegation of corruption and human rights will not be excluded under this sub-section. In our view, there is no reason for the petitioner to have any such apprehension. (Emphasis added) 12. Therefore, he submitted that the petitioner is well within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty annually. In our view, it is rightly submitted that in a democratic form of government, MP or MLA is having higher status and duty to the public. In P.V. Narasimha Rao v. State (CBI/SPE)22 the Court inter alia considered whether Member of Parliament is a public servant. The Court (in para 162) held thus : (SCC p.747) 162. A public servant is any person who holds an office by virtue of which he is authorised or required to perform any public duty . Not only, therefore, must the person hold an office but he must be authorised or required by virtue of that office to perform a public duty. Public duty is defined by Section 2(b) of the said Act to mean a duty in the discharge of which the State, the public or that community at large has an interest . In a democratic form of government it is the Member of Parliament or a State Legislature who represents the people of his constituency in the highest law-making bodies at the Centre and the State respectively. Not only is he the representative of the people in the process of making the laws that will regulate their society, he is their representative in deciding how the funds of the Centre and the States shall be spent and in exe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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