Communication of Unauthorised Information

(3) Communication of Unauthorised Information

It has been noticed that the Government servants and others, including former Government servants have sometimes quoted or copied in their representations, appeals, etc. Government circulars including those marked secret, notes and other information from files, which they are ordinarily not expected to have seen or to have retained. Communication of such documents, etc. and their retention by, unauthorized persons is not only improper but also involves contravention of Rule 11 of the Central Civil Services (Conduct) Rules and section 5 of the Official Secrets Act, 1923.

Rule 11 of the Central Civil Services (Conduct) Rules, 1964 lays down that a Government servant may not communicate directly to other Government servant or to non-official persons or to press any documents or information which may have come into his possession in the course of his public duties. Retention of such documents or information by a Government servant in his personal custody for use in furtherance of his personal interest, e.g. in making representation to the authorities concerned is not only objectionable but also constitutes an offence under Section 5 of the Official Secrets Act, 1923. A person contravening the provisions of the above Act renders himself liable to prosecution. Contravention of the provisions of the Act and of the Conduct Rules can also be dealt with departmentally under the relevant Discipline Rules, and may well justify the imposition of a suitable penalty with reference to the fact and circumstances of each case.

[MHA OM No. 24/54/58-Ests., dated the 12th April, 1954]