Whistleblowers India


Government informs court of steps to protect whistleblowers

Posted by ekavi on June 18, 2006

Government informs court of steps to protect


By Indo-Asian News Service – Monday April 26, 6:30 PM


aval said India had thus become the fifth country in the world after Britain, the US, Australia and New Zealand to have a law protecting whistleblowers.

On the direction of the apex court, Raval had framed a scheme for protecting whistleblowers as an interim measure before parliament took up a bill in this regard. After the court approved this scheme, the government notified it through a resolution.

Raval said under this resolution, complaints or disclosure of any allegation of corruption or of misuse of office by any employee of the central government or of any corporation, government companies, societies or local authorities could be received by the CVC.

The resolution, while making the leakage of the name of a whistleblower an offence, had given power to the CVC to conduct preliminary inquiries into the complaints and to initiate proceedings against the government servants.

The court was hearing a petition from advocate Rakesh Upadhyay, who sought a direction to the government to evolve a system as recommended by the constitution review committee in 2002 to protect people complaining about corruption and to keep the complainant's name secret.

Upadhyay had also asked the court to order a probe by the Central Bureau of Investigation into the murder of engineer Satyendra Dubey, who was killed shortly after he complained last year to the Prime Minister's Office about corruption in a prestigious national highways project.

After receiving complaints, the CVC could either conduct a discreet enquiry or officially seek comments or explanation from the head of the government department concerned.

While doing so, the CVC should not disclose the identity of the informant and also request the head of the government organisation to keep the identity of the informant secret.

After receiving the report from the government, the CVC shall order appropriate proceedings to be initiated against the government employee concerned and administrative steps for redressing the loss caused to the government as a result of the corruption or misuse of office.

The court asked the government to give adequate publicity to the resolution in English and vernacular newspapers and adjourned proceedings in the case till July.


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