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Report No. 179

6. Matters not subject to inquiry by Competent Authority.-

(1) The Competent Authority shall not entertain or inquire into any disclosur.-

(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.

(2) The Competent Authority shall not investigate,-

(a) any disclosure which is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;

(b) any disclosure involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken place:

Provided that the Competent Authority may entertain a disclosure referred to in clause (a), if the person making it satisfies him that he had sufficient cause for not making the disclosure within the period specified in this clause.

(3) Subject to the provisions of sub-section (2) the provisions of this Act shall apply to all disclosable conduct committed before the commencement of this Act.

(4) Nothing in this Act shall be construed as empowering the Competent Authority to question, in any inquiry under this Act, any administrative or statutory action taken in the exercise of a discretion except where it is satisfied that the discretion is so exercised because of the disclosable conduct.

Public Interest Disclosure and Protection of Informers Back

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