Court directs disclosure of enquiry records to retired IPS officer, emphasizing transparency over blanket confidentiality claims under RTI Act
In a significant judgment delivered on October 9, 2026, the Madras High Court has upheld the right of a retired IPS officer to access detailed enquiry records concerning allegations of corruption investigated by the Directorate of Vigilance and Anti-Corruption (DVAC), rejecting the State of Tamil Nadu's plea to withhold information citing exemption provisions under the Right to Information Act, 2005 (RTI Act).
The petition was filed by the State of Tamil Nadu, represented by the Public Information Officer of the DVAC, challenging the Tamil Nadu State Information Commission's order dated May 30, 2024. The Commission had directed the DVAC to furnish the enquiry reports, statements, and connected documents related to Detailed Enquiry No. 48/2013/PUB/HQ to the second respondent, Mr. S.R. Jangid, IPS (Retired DGP), who was the subject of the enquiry and had sought the information under Section 6(1) of the RTI Act.
The State contended that disclosure would violate Section 8(1)(g) of the RTI Act, which protects information that could endanger life or physical safety or reveal confidential law enforcement sources. It also invoked Section 24(4), pointing to a government order exempting DVAC from the RTI Act, and relied on internal DVAC Manual rules and pending civil litigation to resist disclosure.
However, Justice Hemant Chandangoudar observed that the exemption under Section 24(4) is not absolute and explicitly excludes information relating to corruption allegations, thereby mandating consideration of specific exemptions under Section 8. The Court found no concrete evidence presented by the State demonstrating that disclosure would endanger lives or reveal confidential sources. Mere general apprehensions were held insufficient to justify withholding the names and particulars of third parties involved.
Importantly, the Court distinguished between the applicant's right to information and protections accorded to unrelated third parties. Since the applicant himself was the subject of the enquiry, the entire enquiry record could not be withheld as personal information under Section 8(1)(j). The Court directed that genuinely private details of unrelated third parties be severed in accordance with Section 10, which allows partial disclosure of documents after masking exempt parts. The administrative difficulty of masking names from voluminous records was also rejected as a valid reason for denial.
The judgment further clarified that internal DVAC confidentiality rules or pending civil suits do not override the statutory scheme of the RTI Act. While Section 11 prescribes a procedure for third-party confidential information disclosure, it does not provide an independent exemption from disclosure.
Ultimately, the Court confirmed the Information Commission's order, emphasizing transparency and the statutory right of access to information, subject to reasonable safeguards for sensitive data. The DVAC was directed to furnish the enquiry records to Mr. Jangid within the stipulated time, masking names and particulars of other officers and following Section 11 procedure where applicable.
This ruling reinforces the principle that anti-corruption enquiry information cannot be shielded entirely from public scrutiny, especially when it concerns the individual requesting the information, thereby strengthening accountability and transparency in public administration.
Bottom Line:
Right to Information Act, 2005 - Exemption under Section 24(4) for DVAC is not absolute in matters relating to allegations of corruption - Person who was himself subject of detailed enquiry is entitled to enquiry records concerning him, subject to severance of exempt portions, Section 8(1)(g) cannot be invoked on vague apprehension, Section 10 severability to be applied, Section 11 is procedural and not an independent ground to deny information.
Statutory provision(s):
Right to Information Act, 2005 Sections 6(1), 8(1)(g), 8(1)(j), 10, 11, 19(3), 24(4)
