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Whistle Blowers Protection Act, 2011


6. Matters not to be inquired by Competent Authority.

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 disclosureŚ

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.



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