- In Subash Mohapatra & Ors. v. State of Odisha & Anr, the Orissa High Court held that the Vigilance Department of the State cannot be given complete exemption from the operation of the Right to Information Act, 2005.
- The Hon'ble Court also directed that information related to allegations of human rights violations and activities undertaken by the Department should be disclosed under the RTI if they are not sensitive in nature.
- In this case, 3 writ petitions were filed by way of Public Interest Litigation challenging a notification dated 11th August 2016 issued by the Commissioner of Information and Public Relations Department, Government of Odisha u/s 24(4) of the RTI Act.
- The notification stated that the RTI Act will not apply to the General Administration (Vigilance) Department of the Government of Odisha.
- The Ld. Court observed that the first proviso of Section 24(4), RTI Act is an important check on the power of the State Government.
- The Court did not accept the plea of the State that any information that is protected from any disclosure u/s 8 RTI Act will automatically become available to an applicant in the absence of the concerned notification u/s 24(4) of the RTI Act.
- The Court held that the notification would run counter to the first proviso of Section 24(4), RTI Act and is therefore, ultra vires the RTI Act.
- Accordingly, the Court held that the State Government cannot choose to protect information undertaken by the vigilance department.
- The Ld. Court allowed the appeal.
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