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TMI Blog2013 (8) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject matter before the Division Bench were concerned with the corruption and the consequent action taken by the DVAC and those details were directed to be furnished - Hence, the DVAC cannot refuse to furnish the manual maintained by it – the manual was not exempted from disclosure as per Section 8 of the RTI Act - While Section 8 states that there shall be no obligation to give the information relating to various documents mentioned, the manual of the DVAC was not one among them – Decided against petitoner. - W.P. No. 805 of 2012 - - - Dated:- 28-11-2012 - D. Hariparanthaman, J. Shri V. Jayaprakash Narayanan, Special Government Pleader, for the Petitioner. Shri R. Thiagarajan and G. Rajagopalan, Sr. Counsel, for M/s. G.R. Associates, for the Respondent. ORDER The first respondent is an Advocate practicing at Dindigul. He made an application dated 24-3-2011 under the Right to Information Act (for short the RTI Act ) to the Public Information Officer to furnish him a copy of the Vigilance Manual of the Directorate of Vigilance and Anti-Corruption. The Superintendent of Police, Central Range, Vigilance and Anti-Corruption Unit, Chennai, the Public Informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashed. It was also submitted that since DVAC is exempted from the purview of the RTI Act, Section 2(f) cannot be made applicable to the DVAC. 5. On the other hand, Mr. G. Rajagopalan, learned senior counsel appearing for the second respondent has submitted that as per the provisos to Section 24(4) of the RTI Act, the information pertaining to allegations of corruption and human rights violations are not excluded and the authorities shall provide the information relating to those allegations. He has relied on the judgment of a Division Bench of this Court in The Superintendent of Police, Central Range, Office of the Directorate of Vigilance and Anti-Corruption v. R. Karthikeyan and Others, 2011 (3) CTC 241. He has also taken me through Sections 2(f), 4(l)(b)(v) and 8 of the RTI Act and has submitted that in view of the aforesaid provisions viz.. Sections 2(f), 4(l)(b)(v) 8 and the provisos to Section 24, the first respondent is entitled to a copy of the manual. 6. I have considered the submissions made on either side. It is not in dispute that the Government issued G.O. Ms. No. 158, Personnel and Administrative Reforms Department dated 26-8-2008 under Section 24(4) of the RTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with sub-section (4) of Section 24 and the provisos thereto. The provisos to Section 24(4) make it clear that even if the intelligence and security organizations established by the State Government are exempted from the application of the Act under Section 24(4), the information pertaining to the allegations of corruption and human rights violations shall not be excluded. In these circumstances, this Court dismissed the Writ Petition Nos. 23507 and 23508 of 2009 by a common order dated 12-1-2010, which were preferred by the writ petitioner herein questioning the order of the Tamil Nadu Information Commission directing the authorities to furnish the details relating to the number of police officials who were caught during the raid by DVAC together with the list of names, designation and the address of officials, number of investigations completed and convictions arrived at between the years 2003-04 and 2007-08 etc., in corruption matters to the applicants therein. The order of the learned single Judge was upheld by the Division Bench in the judgment reported in 2011 (3) CTC 241. Paragraphs 4 5 of the order dated 12-1-2010 in W.P. Nos. 23507 23508 of 2009 and paragraphs 16 17 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elates to the allegations of corruption, the said Government Order cannot be made applicable and accordingly the department cannot claim the exemption from furnishing those particulars relating to corruption. The learned Judge has correctly applied the above judgment with reference to the particulars required by each of the first respondent in these appeals, as they relate only to corruption. 17. In terms of Section 24(4), the State Government is empowered to notify in the Official Gazette that nothing contained in the Right to Information Act shall apply to such intelligence and security organization being organizations established by the State Government. Nevertheless, in the light of the first proviso, such power being conferred on the State Government to notify exempting such intelligence and security organizations, it cannot notify in respect of the information pertaining to the allegations of corruption and human rights violations. As a necessary corollary, the power to exempt from the provisions of the Act is not available to the State Government even in case of intelligence and security organizations in respect of the information pertaining to the allegations of corruptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... though the learned Special Government Pleader has stated that an SLP was preferred against the order of the Division Bench, he is not able to state that the order of the Division Bench is stayed by the Apex Court. 10. In view of the judgment of the Division Bench read with the provisos to Section 24(4) of the RTI Act, I am of the view that the first respondent herein is entitled to have the manual of the DVAC. The manual cannot be kept as a secret document. It is nothing but a set of rules as to how the DVAC is functioning. I am not able to understand as to why the DVAC feels shy to furnish the manual. In fact, the information that were the subject matter before the Division Bench were concerned with the corruption and the consequent action taken by the DVAC and those details were directed to be furnished. Hence, the DVAC cannot refuse to furnish the manual maintained by it. At this juncture, I wish to refer to the submission made by the learned senior counsel for the second respondent that the manual is not exempted from disclosure as per Section 8 of the RTI Act. While Section 8 states that there shall be no obligation to give the information relating to various documents ment ..... 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