Outsourced Forest Dept Employees Not Bound By Official Secrets Act, But Expected Not To Divulge Sensitive Info: Uttarakhand High Court
The Uttarakhand High Court has held that even if an outsourced employee is not bound by the provisions of the Official Secrets Act, such an employee is nevertheless expected not to divulge sensitive official information to strangers. The Court observed that this obligation applies equally to regular and outsourced employees working in a government department.
Justice Manoj Kumar Tiwari was hearing a writ petition filed by an employee engaged through Uttarakhand Purva Sainik Kalyan Nigam Limited (UPNL) in the Forest Department, challenging an order dated 17 February 2024, discontinuing his engagement. The impugned order recorded that in connection with proceedings relating to the illicit felling of trees, the petitioner had visited the residence of an accused person and disclosed information which ought not to have been disclosed.
The show-cause notice issued to the petitioner stated that he had admitted visiting the residence of the accused. The Forest Range Officer took exception to the visit and maintained that if the petitioner intended to meet the accused, he ought to have at least informed or obtained permission from departmental authorities. The impugned order further recorded that the petitioner had been warned on earlier occasions but had failed to improve his conduct, following which one month's notice was given for discontinuation of his engagement.
The petitioner contended that the allegations against him were unsupported by evidence and that he had been made a scapegoat. He further argued that he was not bound by the provisions of the Official Secrets Act.
The Court declined to interfere with the impugned order. It observed that the petitioner was an outsourced employee and did not have any lien on the post. The Court further noted that the impugned order had been passed after issuance of a show-cause notice and that the petitioner had not disputed the allegation that he visited the residence of the accused person. The Court therefore held that the allegation contained in the show-cause notice had to be treated as admitted.
Addressing the petitioner's contention regarding the Official Secrets Act, the Court observed that even if he was not bound by the provisions of that enactment, every employee of the Forest Department, whether regular or outsourced, is expected not to divulge sensitive official information to strangers. The Court noted that the allegation against the petitioner was that he had disclosed sensitive official information to a person accused of illicit felling of trees.
“Even though he is not bound by provisions of the said Act, but it is expected of every employee of the Forest Department, whether regular or outsourced, that he would not divulge sensitive official information to strangers,” the Court observed.
Finding no ground to interfere with the decision to discontinue the petitioner's engagement, the Court dismissed the writ petition.
Case Title: Manoj Pal Singh v. State of Uttarakhand [WPSS No. 492 of 2024]