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The Controller issues a written direction to an examiner, Pooja, to furnish particulars of a closed matter to a government department. Later, a colleague, Imran, gives the same particulars to a journalist on his own, citing that the Controller had already allowed the disclosure to the department. Which view is correct under Section 76?

Pooja acted within the written direction exception, while Imran did not. Section 76(a) covers matters that have been dealt with, including closed ones, and a direction to furnish information to one recipient does not authorise another officer to disclose it to a journalist.

  1. APooja acted within the exception; Imran did not, as he had no direction of his own and the matter had been dealt with under the ActCorrect
  2. BBoth are in breach because closed matters are always confidential
  3. CNeither is in breach, since the information became public once the direction was issued
  4. DImran acted properly because the direction covers all officers

Explanation

Section 76(a) covers matters being or having been dealt with, so closed matters are included. Pooja acts under a written direction of the Controller. Imran has no direction or authorisation covering the journalist, so the direction given to Pooja for the department does not extend to him. Pooja is not in breach merely because the matter is closed.

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