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Report No. 179

10. Safeguards against victimisation.-

(1) The Central Government shall ensure that no person who has made a disclosure under this Act is victimized by initiation of any proceedings or otherwise merely on the ground that such person had made a disclosure under this Act.

(2) If any person other than the Minister, is aggrieved by any action on the ground that he is being victimised due to the fact that he had filed a complaint under section 3, he may file an application before the Competent Authority seeking redress in the matter.

(3) On receipt of an application of under sub-section (2), the Competent Authority may, after making such inquiry as it deems fit, is of opinion that allegation of victimization-

(a) is true and is relatable to the complaint or its subject matter, it may give appropriate directions as it may consider necessary, to the concerned public servant or public authority as the case may be;

(b) is not true or is not maintainable for the reason that the alleged victimisation is not relatable to the complaint or its subject matter, it may dismiss the application.

(4) Notwithstanding anything contained in any other law for the time being in force, the power to give directions under sub-section (3), 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) The Competent Authority issuing directions under sub-section (3), shall take such action as is necessary and reasonable to prevent the victimization continuing or occurring in the future.

(6) Every direction given by the Competent Authority shall be binding upon the public servant or the public authority against whom the allegation of victimization has been proved.



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