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2017 (1) TMI 1520

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..... , 2011 (as originally assented to by the President of India, on 09.05.2014). It is, however, not possible for us to engage ourselves with the aforesaid debate, at this juncture - petition disposed off. - W.P.(C) No. 93 of 2004 - - - Dated:- 12-1-2017 - J.S. Khehar and D.Y. Chandrachud JUDGMENT 1. None appears on behalf of the intervenor. The application for intervention is accordingly dismissed as not pressed. The Petitioners have approached this Court, with a number of prayers. However, during the course of hearing, the contention advanced at the hands of the learned Counsel for the Petitioners was, that the only surviving prayer was the following: d) Direct the Government to issue suitable administrative instructions to ensur .....

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..... rned Counsel appearing for the Petitioner, submits that nearly seven years having elapsed since the submission of the said report, it is time for the CVC to submit a further report indicating the number of complaints received as also the action taken on the same. He urged that in most of the complaints the CVC simply relies upon the report/reply received from the Chief Vigilance Officer of the concerned Ministry/Department regarding which the complaints are filed and the complaint cases closed. He further submits that no independent investigations are ordered by the CVC although the allegations levelled in several cases are of very serious nature and call for such investigations. He, therefore, urged that the report which the CVC may be ask .....

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..... ctions, if any, taken by the CBI in regard thereto. In the circumstances, therefore, we direct that the Central Vigilance Commission shall submit a further report indicating the progress made since the submission of the last report by it regarding the number of complaints received and the action taken on the same. The report shall, inter alia, indicate particulars of cases in which the CVC has directed independent investigation and/or granted protection to whistle-blowers against administrative and other harassments. CBI shall also, as submitted by Mr. K. Radhakrishnan, respond to the allegations as articulated in Annexure PA1 by the writ Petitioner. Supplementary affidavits, if any, be filed by the CBI in this regard. Permission to file .....

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..... weeks thereafter to respond. List after seven weeks. From the orders extracted above, it is apparent, that this Court personally monitored the process and progress of providing protection to whistle blowers. During the course of the passing of the aforestated orders, and consequent thereupon, suggestions submitted by the Petitioners were considered. Responses were obtained from the Central Vigilance Commission, whereupon, further contentions were also allowed to be made by the Petitioners. 3. Keeping in mind the administrative notification(s), referred to above, the conscious desire expressed by this Court to extend protection to whistle blowers, the suggestions made by the Petitioners, the response(s) of the Central Vigilance Comm .....

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..... necessary to record, and seriously keeping in mind, that the learned Counsel for the Petitioners, expressed complete satisfaction with the provisions of the Whistle Blowers Protection Act, 2011. And therefore, the only residual action was, the implementation of the provisions of the Act. Learned Solicitor General informed this Court, that when the enactment was examined by the Government, it found certain deficiencies therein, and also, a conflict between the provisions of the Act and the provisions of the Right to Information Act, 2005. We were also informed, that the amendments proposed on the basis of the aforesaid determination of the Government, had been placed before the Lok Sabha, which has since passed the amended provisions. We wer .....

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