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 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.
1.
2.
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.