Whistleblowers India


Archive for the ‘CVC’ Category

SC seeks CVC status report on ‘whistle-blowers’

Posted by ekavi on October 6, 2006

SC seeks CVC status report on ‘whistle-blowers’


NEW DELHI: More than two years ago, a direction from the Supreme Court on a PIL had forced the Centre to come out with an ordinance making the Central Vigilance Commissioner (CVC) the ears for whistle-blowers, in the wake of the murder of Satyendra Dubey.

And now, a Supreme Court Bench, comprising Chief Justice Y K Sabharwal and Justice C K Thakker, hearing the same PIL filed jointly by NGO Parivartan and Dubey’s father, has asked for the balance sheet from the ‘watch dog’ on the complaints received against corrupt officials.

In April 2004, the court as an interim measure, had agreed to the Centre bringing an ordinance to protect those raising their voice against corruption.

The ministry of personnel came out with the Public Interest Disclosures and Protection of Informers Resolution, 2004, under which CVC was the designated authority to look into complaints on corruption.

After hearing petitioner’s counsel Prashant Bhushan, the Bench asked CVC to prepare a report on the number of complaints it has received from whistle-blowers till date, and the action taken on them.

Bhushan then shifted focus on the CBI probe into the murder of Dubey, an IITian who was working as deputy general manager in National Highway Authority of India (NHAI), and supervising the Aurangabad-Barachatti sector of the Golden Quadrilateral project.

The NGO had alleged that he was shot dead in broad daylight in Gaya because he had written a confidential communication to PMO on November 11, 2002, alleging that trans-national companies bagged the highway projects at high costs and then sub-leased them to local contractors at low prices.

Counsel said the CBI chargesheet terming Dubey’s murder as a case of simple robbery draws suspicion of the common man, as to whether the reputed investigating agency conducted a shoddy probe, or is trying to hush up the matter.

After hearing his arguments, the Bench asked CBI to conduct an independent verification of the contractors who were engaged in National Highway Authority of India work on the Aurangabad-Barachatti sector, at the time of Dubey’s tenure.


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SC seeks report from CVC on complaints by whistle-blowers

Posted by ekavi on October 1, 2006

 SC seeks report from CVC on complaints by whistle-blowers

Press Trust of India

New Delhi, September 29, 2006

The Supreme Court on Friday sought to know from the Central Vigilance
Commission (CVC) about the action taken by it on the complaints
received about corruption from whistle-blowers.

A Bench headed by Chief Justice YK Sabharwal granted six weeks to the
CVC to give a detail report in this regard.

The order to this effect was passed during the hearing of a petition
filed by an NGO, Parivartan, which has sought special investigation
into the murder of Satyendra Dubey, an engineer of National Highway
Authority of India (NHAI), who was associated with the Golden
Quadrilateral project in Bihar.

After hearing the NGO’s counsel Prashant Bhushan, the Court also asked
the CBI to see whether verification of contractors involved in the
project during Dubey’s tenure can be done or not.

The NGO had not only sought investigation into Dubey’s murder but also
into the allegations of corruption.

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CVC – Machinery to be in place to act on whistle-blowers complaint

Posted by ekavi on June 17, 2006

Machinery to be in place to act on whistle-blowers complaint


With a view to encourage and protect honest persons in their attempt to expose corrupt public functionaries, government today said pending bill on protection of informers, a suitable administrative machinery will be put in place for CVC to act on complaints from "whistle-blowers". The Law Commission vide its 179th Report had prepared "The Public Interest Disclosure (Protection of informers) Bill.

An official release said pending the Bill to become a law, government vide a Resolution authorised the CVC to inquire into the complaints and take requisite action.

Highlighting the features of the Resolution, the release said no action will be taken on anonymous complaints and the CVC will ascertain the genuineness of the complainant and the complaint.

The identity of the complainant will not be revealed, it said adding that CVC may call upon CBI or police to render all assistance in the investigation and if the probe reveal either mis-use of office or substantiate corruption charge, CVC may recommend appropriate proceedings against concerned Government servant.

Besides, the CVC may recommend appropriate administrative steps for redressing the loss caused to the Government and initiation of criminal proceedings if warranted by the facts and circumstances of the case as well as taking correcting measures to prevent recurrence of such events in future.

On written request, the CVC will give suitable directions to the concerned government authorities to protect the complainant or witness from victimization and appropriate step could be taken by the CVC if the complaint was found to be motivated and vexatious.

The CVC may not inquire into any disclosure if a formal and public inquiry has been ordered under the Public Servants Inquiries Act or if the matter was already referred for inquiry under the Commission of Inquiry Act.

The Government Resolution further said that CVC may initiate action as per extant regulations against the person or agency who discloses the identity of the complainant.

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