WHISTLE BLOWER COMPLAINTS

If a complainant while exposing a case of corruption wants his identity to be kept secret, he/she should lodge a complaint under Public Interest Disclosure and Protection of Informers Resolution (PIDPI) – popularly known as Whistle Blower Provision. The Central Vigilance Commission (CVC) is mandated not only to maintain the secrecy of the complainant’s identity but also provide protection to the complainant against any physical threat, harassment or victimization.

IMPORTANT FEATURES OF THE “WHISTLE-BLOWERS” RESOLUTION

● The CVC shall, as the Designated Agency (herein after referred to as the Commission), receive written complaints or disclosure on any allegation of corruption or of misuse of office by any employee of the Central Government or of any Corporation established under any Central Act, Government Companies, Societies or Local Authorities owned or controlled by the Central Government;

● The Commission will ascertain the identity of the complainant; if the complaint is anonymous, it shall not take any action in the matter;

● The identity of the complainant will not be revealed unless the complainant himself has made either the details of the complaint public or disclosed his identity to any other office or authority;

● While calling for further report/investigation, the Commission shall not disclose the identity of the informant and shall also request the head of the organization concerned to kept the identity of the informant a secret, if for any reason the identity is revealed;

● The Commission shall be authorized to call upon the CBI or the police authorities, as considered necessary, to render all assistance to complete the investigation pursuant to the complaint received;

● If any person is aggrieved by any action on the ground that he is being victimized due to the fact that he had filed a complaint or disclosure, he may file an application before the Commission seeking redressal in the matter, wherein the Commission may give suitable directions to the person or the authority concerned;

● If the Commission is of the opinion that either the complainant or the witnesses need protection, it shall issue appropriate directions to the government authorities concerned;

● In case the Commission finds the complaint to be motivated or vexatious, it shall be at liberty to take appropriate steps;

● The Commission shall not entertain or inquire into any disclosure in respect of which a format and public inquiry has been ordered under the Public Servants Inquiries Act, 1850 or a matter that has been referred for inquiry under the Commissions of Inquiry Act, 1952;

● In the event of the identity of the informant being disclosed in spite of the Commission’s directions to the contrary, the Commission is authorized to initiate appropriate action in accordance with the extant regulations against the person or agency making such a disclosure.

HOW TO LODGE A “WHISTLE BLOWER” COMPLAINT ?

● The complaint should be in a closed/secured envelope.

● The envelope should be addressed to Secretary, Central Vigilance Commission and should be superscribed “Complaint under The Public Interest Disclosure”. If the envelope is not superscribed and closed, it will not be possible for the Commission to protect the complainant under the above resolution and the complaint will be dealt with as per the normal complaint policy of the Commission. The complainant should give his/her name and address in the beginning or end of the complaint or in an attached letter.

● Commission will not entertain anonymous/pseudonymous complaints.

● The text of the complaint should be carefully drafted so as not to given any details or clue as to his/her identity. However, the details of the complaint should be specific and verifiable.

● In order to protect identity of the person, the Commission will not issue any acknowledgement and the whistle-blowers are advised not to enter into any further correspondence with the Commission in their own interest. The Commission assures that, subject to the facts of the case being verifiable, it will take the necessary action, as provided under the Government of India Resolution mentioned above. If any further clarification is required, the Commission will get in touch with the complainant.

The Commission can also take action against complainants making motivated/vexatious complaints under this Resolution. A copy of detailed notification is available on the web-site of the Commission www.cvc.nic.in

NOTE : The jurisdiction of the Commission in this regard would be restricted to any employee of the Central Government or of any Corporation established by or under any Central Act, Government Companies, Societies or local authorities owned or controlled by the Central Government. Personnel employed by the State Governments and activities of the State Governments or its Corporations etc., will not come under the purview of the Commission.