5. (1) Subject to the provisions of this Act, the Competent Authority shall, on receipt
of a public interest disclosure under section 4,—
(a) ascertain from the complainant or the public servant whether he was the
person or the public servant who made the disclosure or not;
(b) conceal the indentity of the complainant unless the complainant himself has
revealed his identity to any other office or authority while making public interest
disclosure or in his complaint or otherwise.
(2) The Competent Authority shall, upon receipt of the complaint and concealing the
identity of the complainant, or the public servant in the first instance, make discreet inquiry,
in such manner and within such time as may be prescribed, to ascertain whether there is any
basis for proceeding further to investigate the disclosure.
(3) If the Competent Authority, either as a result of the discreet inquiry, or on the basis
of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be
investigated, it shall seek comments or explanation or report from the Head of the Department
of the organisation or authority, board or corporation concerned or office concerned within
such time as may be specified by it.
Requirement
of public
interest
disclosure.
Powers and
functions of
Competent
Authority on
receipt of
public interest
disclosure.
49 of 1988.
19 of 1923.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(4) While seeking comments or explanations or report referred to in sub-section (3),
the Competent Authority shall not reveal the identity of the complainant or the public servant
and direct the Head of the Department of the organisation concerned or office concerned not
to reveal the identity of the complainant or public servant:
Provided that if the Competent Authority is of the opinion that it has, for the purpose
of seeking comments or explanation or report from them under sub-section (3) on the public
disclosure, become necessary to reveal the identity of the complainant or public servant to
the Head of the Department of the organisation or authority, board or corporation concerned
or office concerned, the Competent Authority may, with the prior written consent of the
complainant or public servant, reveal the identity of the complainant or public servant to
such Head of the Department of the organisation or authority, board or corporation concerned
or office concerned for the said purpose:
Provided further that in case the complainant or public servant does not agree to his
name being revealed to the Head of the Department, in that case, the complainant or public
servant, as the case may be, shall provide all documentary evidence in support of his complaint
to the Competent Authority.
(5) The Head of the organisation or office concerned shall not directly or indirectly
reveal the identity of the complainant or public servant who made the disclosure.
(6) The Competent Authority, if after conducting an inquiry, is of the opinion that—
(a) the facts and allegations contained in the disclosure are frivolous or vexatious;
or
(b) there are no sufficient grounds for proceeding with the inquiry,
it shall close the matter.
(7) After receipt of the comments or explanations or report referred to in sub-section
(3), if the Competent Authority is of the opinion that such comments or explanations 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 any one or more
of the following measures, namely:—
(i) initiating proceedings against the concerned public servant;
(ii) taking appropriate administrative steps for redressing the loss caused to the
Government as a result of the corrupt practice or misuse of office or misuse of discretion,
as the case may be;
(iii) recommend to the appropriate authority or agency for initiation of criminal
proceedings under the relevant laws for the time being in force, if so warranted by the
facts and circumstances of the case;
(iv) recommend for taking of corrective measures;
(v) take any other measures not falling under clauses (i) to (iv) which may be
necessary for the purpose of this Act.
(8) The public authority to whom a recommendation is made under sub-section (7)
shall take a decision on such recommendation within three months of receipt of such
recommendation, or within such extended period not exceeding three months, as the
Competent Authority may allow on a request made by the public authority:
Provided that in case the public authority does not agree with the recommendation of
the Competent Authority, it shall record the reasons for such disagreement.
(9) The Competent Authority shall, after making an inquiry, inform the complainant or
public servant about the action taken on the complaint and the final outcome thereof:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
Provided that in a case where, after making an inquiry, the Competent Authority decides
to close the case, it shall, before passing the order for closure of the case, provide an
opportunity of being heard to the complainant, if the complainant so desires.
6. (1) If any matter specified or an issue raised in a disclosure has been determined by
a Court or Tribunal authorised to determine the issue, after consideration of the matters
specified or issue raised in the disclosure, the Competent Authority shall not take notice of
the disclosure to the extent that the disclosure seeks to reopen such issue.
(2) The Competent Authority shall not entertain or inquire into any disclosure—
(a) in respect of which a formal and public inquiry has been ordered under the
Public Servants (Inquiries) Act, 1850; or
(b) in respect of a matter which has been referred for inquiry under the
Commissions of Inquiry Act, 1952.
(3) The Competent Authority shall not investigate, any disclosure involving an
allegation, if the complaint is made after the expiry of seven years from the date on which the
action complained against is alleged to have taken place.
(4) Nothing in this Act shall be construed as empowering the Competent Authority to
question, in any inquiry under this Act, any bona fide action or bona fide discretion (including
administrative or statutory discretion) exercised in discharge of duty by the employee