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Madras High CourtWP/750/2010disposed of

The Secretary, v. Thiru.P.Ramakrishnan,

2018-07-26Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.750 of 2010 and MP.No.1 of 2010 The Secretary, Tamil Nadu State Vigilance Commission, Secretariat, Chennai - 600 009.

... Petitioner Vs.

1. P.Ramakrishnan, 22, West College Road (Upstairs) Jaganathan Nagar, Arumbakkam, Chennai - 600 106.

2. The Tamil Nadu Information Commission, Old No.273, new No.378, Anna Salai, Teynampet, Chennai - 600 018 represented by the State Chief Information Commissioner.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records relating to the order dated 03.12.2009 made in Case No.10431/Enquiry/09 passed by the 2nd respondent.

For Petitioner : Mr.J.Ramesh, AGP For R1 : Mr.Cheiziyan for M/s.R.Meenal For R2 : Mr.L.P.Maurya for M/s.G.R.Associates

O R D E R

Challenging the order passed by the second respondent, the petitioner has filed this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

2.According to the petitioner, the information sought by the first respondent from the Commissioner, Vigilance and Anticorruption, Chennai was directed to be furnished by the State Commission. Hence, this writ petition.

3.When the matter was taken up for consideration, the learned counsel for the respective parties submitted that the issue involved herein is squarely covered by the decision of a Division Bench of this Court in the Superintendent of Police, Central Range, Office of the Directorate of Vigilance and AntiCorruption v. R.Karthikeyan and others [2011 (3) CTC 241], wherein, the Division Bench held that the power conferred on the State to exempt particular department from the purview of the Rights to Information Act can be exercised for intelligence and security Organisations and it cannot notify in respect of information pertaining to allegations of corruption and human rights and hence, the contention of the State that the Department of DVAC was exempted from purview of the Act was rejected and the order of the Commission was upheld. 4.Following the aforesaid decision, this writ petition stands dismissed by confirming the order of the second respondent. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rk/av To The State Chief Information Commissioner, Tamil Nadu Information Commission, Old No.273, new No.378, Anna Salai, Teynampet, Chennai - 600 018.

+1cc to Ms.R.Meenal, Advocate Sr.50868 +1cc to the Government Pleader Sr.50781 W.P.No.750 of 2010 sj[co] srg 16/08/2018 https://hcservices.ecourts.gov.in/hcservices/