11. (1) The Central Government shall ensure that no person or a public servant who
has made a disclosure under this Act is victimised by initiation of any proceedings or otherwise
merely on the ground that such person or a public servant had made a disclosure or rendered
assistance in inquiry under this Act.
(2) If any person is being victimised or likely to be victimised on the ground that he
had filed a complaint or made disclosure or rendered assistance in inquiry under this Act,
he may file an application before the Competent Authority seeking redress in the matter, and
such authority shall take such action, as deemed fit and may give suitable directions to the
concerned public servant or the public authority, as the case may be, to protect such person
from being victimised or avoid his victimisation:
Certain
matters
exempt from
disclosure.
Superintendence of
Competent
Authority
over
appropriate
machinery.
Competent
Authority to
take
assistance of
police
authorities,
etc., in certain
cases.
Safeguards
against
victimisation.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
Provided that the Competent Authority shall, before giving any such direction to the
public authority or public servant, give an opportunity of hearing to the complainant and the
public authority or public servant, as the case may be:
Provided further that in any such hearing, the burden of proof that the alleged action
on the part of the public authority is not victimisation, shall lie on the public authority.
(3) Every direction given under sub-section (2) by the Competent Authority shall be
binding upon the public servant or the public authority against whom the allegation of
victimisation has been proved.
(4) Notwithstanding anything contained in any other law for the time being in force,
the power to give directions under sub-section (2), in relation to a public servant, shall
include the power to direct the restoration of the public servant making the disclosure, to the
status quo ante.
(5) Any person who wilfully does not comply with the direction of the Competent
Authority under sub-section (2), shall be liable to a penalty which may extend up to thirty
thousand rupees.
12. If the Competent Authority either on the application of the complainant, or witnesses,
or on the basis of information gathered, is of the opinion that either the complainant or
public servant or the witnesses or any person rendering assistance for inquiry under this Act
need protection, the Competent Authority shall issue appropriate directions to the concerned
Government authorities (including police) which shall take necessary steps, through its
agencies, to protect such complainant or public servant or persons concerned.
13. The Competent Authority shall, notwithstanding any law for the time being in
force, conceal, as required under this Act, the identity of the complainant and the documents
or information furnished by him, for the purposes of enquiry under this Act, unless so decided
otherwise by the Competent Authority itself or it became necessary to reveal or produce the
same by virtue of the order of the court.
14. The Competent Authority, at any time after the making of disclosure by the
complainant or public servant, if it is of the opinion that any corrupt practice required to be
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem fit, to prevent the immediate stoppage of such practice.