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Pakya Iyer   24 April 2024

How do seek exclusion of info provided under company whistle-blower policy from labour court case?

I had reported malpractice on 3 occasions under a whistle-blower policy. This policy states that employees will not be targeted for any information disclosed under this policy and the information will be kept confidential.

On all the 3 occasions management took action against those involved but closed its investigation stating no evidence found. 

Now I have been terminated for a different issue and in labour court case these instances are being show cased as my tendency to raise false complaints.

All information protected under whistle-blower policy should not even show up in court records. How to seek that this information be excluded? (which section of CPC?) 


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 April 2024

The whistle blowers protection act

The Act seeks to protect whistle blowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offense by a public servant.

Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission.

Every complaint has to include the identity of the complainant.

The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if deemed necessary. The Act penalizes any person who has disclosed the identity of the complainant.

The Act prescribes penalties for knowingly making false complaints.

You can make a complaint under the provisions of the same act 

P. Venu (Advocate)     24 April 2024

The facts as well the context posted are incomplete. Where you are employed - is it a public institution bound by the whistle blower policy? What exactly is the ground on which your services have been terminated?

Please post complete facts.

Nidewsha Yaxi   29 April 2024

This question is only asking about the CPC section under which facts protected by whistle blower policy can be excluded / struck down.  So if any one knows, then please provide that information.

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

There is a particular act itself called 'The whistle blowers protection act' which has its own set of rules and procedures to be followed

The CPC is a general guidelines for all such acts if civil in nature 

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