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Para 5.0 - Whistleblower Protection | KartavyaDesk

WORKS_MANUAL

Original Rule Text

the complainant himself has revealed his identity to any other office or authority while making public interest disclosure or in his complaint or otherwise. However, the Designated Agency can reveal the identity of the complainant in circumstances where it becomes inevitable or extremely necessary for the purposes of the enquiry. viii) The Designated Agency may, with the prior written consent of the complainant, reveal the identity of the complainant to such office or organization where it becomes necessary to do so. If the complainant does not agree to his name being revealed, in that case, the complainant shall provide all documentary evidence in support of is complaint to the Designated Agency. ix) Any person who negligently or with mala fide reveals the identity of the complainant shall be punished with imprisonment up to three years and fine not exceeding fifty thousand rupees. x) Similarly any disclosure made with mala fide and knowingly that it was false or misleading shall be punished with imprisonment up to two years and fine not exceeding thirty thousand rupees. xi) After receipt of the report or comments relating to the complaint, if the Designated Agency is of the opinion that such comments or report reveals either wilful misuse of power or wilful misuse of discretion or substantiates allegations of corruption, it shall recommend to the public authority to take appropriate corrective measures such as initiating proceedings against the concerned public servant or other administrative and corrective steps. However, in case the public authority does not agree with the recommendation of the Designated Agency, it shall record the reasons for such disagreement. xii) While dealing with any such inquiry, the Designated Agency shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 in respect of matters like receiving evidence, issuing commissions, discovery and production of any document etc. Also, every proceeding before the Designated Agency shall be deemed to be a judicial proceeding under the Code of Criminal Procedure, 1973and Indian Penal Code. xiii) No obligation to maintain secrecy or other restrictions upon the disclosure of information shall be claimed by any Public Servant in the proceedings before the Designated Agency. xiv) But, no person is required to furnish any information in the inquiry under this act if such information falls under the 10 (ten) categories mentioned before. xv) It shall be the responsibility of the Central Government to ensure that no person who has made a disclosure is victimised on the ground that such person had made a disclosure under this act. xvi) If any person is victimised or likely to be victimised on the above-mentioned ground, he may contact the Designated Agency and the Designated Agency may pass appropriate directions in this respect. The Designated Agency can even restore status quo ante with respect to the Public Servant who has made a disclosure. Also, the Designated Agency can pass directions to protect such complainant.

What This Means

Para 5.0 of the Works Manual outlines the rules regarding the confidentiality and protection of whistleblowers who make public interest disclosures or file complaints. It emphasizes the importance of keeping the complainant's identity secret to protect them from potential retaliation. However, there are specific circumstances where the Designated Agency (the body handling the complaint) can reveal the complainant's identity, either when the complainant has already revealed it themselves, or when it's absolutely necessary for the investigation, and even then, only with the complainant's written consent if possible. The rule also details the penalties for those who intentionally or negligently reveal the complainant's identity or make false accusations.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Complainant's identity should be kept confidential.
  • •Designated Agency can reveal identity only in specific, unavoidable circumstances or with consent.
  • •Penalties exist for revealing identity negligently or with malicious intent.
  • •Penalties exist for making false or misleading disclosures.
  • •The Central Government is responsible for protecting whistleblowers from victimization.

Practical Example

Mr. Sharma, a Junior Engineer, files a complaint with the Designated Agency alleging corruption in a road construction project. He provides documentary evidence but requests his identity be kept secret for fear of reprisal from his superiors. During the investigation, the Designated Agency discovers that Mr. Sharma inadvertently mentioned his concerns to a colleague, Mr. Verma, who then repeated it to the project manager. While the Designated Agency cannot be held responsible for Mr. Sharma's initial disclosure, they must still ensure that Mr. Sharma is not victimized. If the project manager retaliates against Mr. Sharma, the Designated Agency can intervene to restore his previous position and protect him from further harm. If Mr. Verma intentionally revealed Mr. Sharma's identity with malicious intent, he could face imprisonment and a fine.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if I accidentally reveal my identity while making a complaint?▼
The rule acknowledges that unintentional self-disclosure may occur. While the Designated Agency isn't responsible for your initial disclosure, they are still obligated to protect you from victimization and maintain confidentiality to the extent possible.
Can the Designated Agency force me to reveal my identity?▼
No, the Designated Agency cannot force you to reveal your identity. If they deem it necessary to reveal your identity for the investigation, they must obtain your prior written consent. If you refuse, you must provide all documentary evidence to support your complaint.
What kind of protection is available if I am victimized after making a disclosure?▼
The Central Government is responsible for ensuring you are not victimized. The Designated Agency can pass directions to protect you, including restoring your previous position (status quo ante) if you have been unfairly demoted or transferred.
What powers does the Designated Agency have during an inquiry?▼
The Designated Agency has the powers of a Civil Court, including receiving evidence, issuing commissions, and compelling the production of documents. Proceedings before the Designated Agency are considered judicial proceedings.
Are there any exceptions to providing information during an inquiry?▼
Yes, you are not required to furnish information that falls under the 10 categories of information exempted from disclosure under the relevant act (likely referring to exemptions under the Right to Information Act or similar legislation).

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

Under what circumstances can the Designated Agency reveal the identity of a complainant making a public interest disclosure, according to Para 5.0 of the Works Manual?

Related Rules

Para 3.2.4Manual for Procurement of Works, 2022 - Para 3.2.4 - Chapter 3Para 3.5.13Manual for Procurement of Works, 2022 - Para 3.5.13 - Chapter 4Para 3.2.6Manual for Procurement of Works, 2022 - Para 3.2.6 - Chapter 3Para 4.10Manual for Procurement of Works, 2022 - Para 4.10 - Chapter 4Para 4.11Manual for Procurement of Works, 2022 - Para 4.11 - Chapter 4

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