Can I get protection u/s 11 of Whistle Blower Protection Act 2011
1) Details of the incident:
Shri Avik Kumar Sinharay emailed whistleblowing complaint on Public Interest to The Chief Vigilance Commissioner (CVC) GOI; The Secretary & The Under Secretary Vigilance, DFS (Ministry of Finance) GOI; The CGM (CEPD), Reserve Bank of India (RBI); and The Chief Vigilance Officer (CVO), United Bank of India; from email id: firstname.lastname@example.org in the name of Shri Joy Shankar Bhattyacharya in April 2016. The disclosure was made regarding various corruptions and financial frauds committed by Shri Umesh Kumar Roy, presently General Manager (HR) United Bank of India, in College Street Branch of United Bank of India as Branch Manager (given in Part I); in Jharkhand Region as DGM & Chief Regional Manager, and latter as General Manager Controller of Jharkhand Region (given in Part II), for crores and crores rupees of public money dealt by the bank accompanied with supporting evidences. In this regarding RBI official has acknowledged and conveyed Thanks to the Whistleblower in the email id: email@example.com on 17/05/2016.
2) Violation of Whistleblower Protection Act, 2011 and Harassment on Whistleblower:
I. After the disclosure was made on Public Interest to Chief Vigilance Commissioner (CVC) in April 2016, Central Vigilance Commission had directed Chief Vigilance Officer (CVO) of United Bank of India (UBI) to make discreet inquiry on corruptions committed by Shri Umesh Kumar Roy, General Manager (HR). On behalf of CVC, Shri Kashinath Pati, AGM (Vigilance) of United Bank of India had also emailed Thanks Letter to the Whistleblower in the email id firstname.lastname@example.org on 06/05/2016 and expressed solicitation on valuable inputs provided to them on corruptions alleged by Shri Umesh Kumar Roy, General Manager (HR) for doing the needful at their end.
It is surprising how Mr Tanay Kumar, AGM (DIR), UBI who works under Shri Umesh Kumar Roy, General Manager (HR) against whom whistleblower made complaint managed to get the copy of the disclosure from Vigilance Department, UBI and file a complaint against the email id: email@example.com by annexing a technical header of the said email to trace out the identity of the whistleblower before the Joint Commissioner of Police (Crime), Kolkata Police, Kolkata – 700001 on 11/05/2016 and which was subsequently converted into a criminal case at Kolkata Cyber Police Station – F.I.R. No. 45 of 2016 dated 13/05/2016 u/s 66 read with 43 Information Technology Act, 2000.
II. As per Sec 5(5) of Whistleblower Protection Act, 2011, the Head of the Organisation or office concerned shall not directly or indirectly reveal the identity of the complainant or public servant who made the disclosure. Whistleblower had not committed any Cyber Crime in making the complaint against corruptions committed by Shri Umesh Kumar Roy, General Manager (HR). But in this case Shri Umesh Kumar Roy, General Manager (HR) managed to involve Lalbazar Cyber Police Station to lodge a fabricated F.I.R. complaint against the email id: firstname.lastname@example.org through Mr Tanay Kumar, AGM (DIR) UBI to reveal the identity of the Whistleblower and subsequently made departmental harassment of Whistleblower followed by his Suspension from service so that none of the employee of United Bank of India dares to complain against his corruptions.
III. It is essential to mention herein that on the basis of the fabricated F.I.R. managed by Shri Tanay Kumar, AGM (DIR) UBI at Lalbazar Cyber Police Station as per instructions of Shri Umesh Kumar Roy, General Manager (HR), cyber police traced out the identity of the whistleblower and raided at Shri Avik Kumar Sinharay’s Father- in-law’s house on 17/06/2016 to collect various devices from there. Police had also taken out caller list of last 3 months for all mobile no’s used by whistleblower’s family members and started enquiry on it. On tracing out Shri Avik Kumar Sinharay, as whistleblower, his fundamental rights to live peacefully have been strangulated and crucified and all sorts of assaults have been made against him.
IV. Shri Avik Kumar Sinharay was interrogated with full swing for more than 5 hours each day by Cyber Police Inspector Shri Akshay Kumar Saha at Lalbazar Cyber Police Station on 20/06/2016, 21/06/2016, 22/06/2016, 26/07/2016 and 24/08/2016.
V. It is further more shocking that after receiving the identity of Whistleblower from Cyber Police Station, Lalbazar, Shri Umesh Kumar Roy General Manager (HR), United Bank of India (UBI) made use of his officials in Bangiya Gramin Vikash Bank, Head Office, Berhampore, a sponsored Bank of UBI, to throttle the voice of Shri Avik Kumar Sinharay. He was issued showcause letter on 27/6/2016 and was asked to tender written explanation within 3 days on some false and fabricated charges with malafide intention to victimize him. Shri Avik Kumar Sinharay gave a reply of it on 29/06/2016.
VI. The victimization has reached to its pinnacle when Shri Avik Kumar Sinharay was suspended vide office order number - PD/DIR/3092/S-219-2016 dated 30/07/2016 with immediate effect by Shri Umesh Kumar Roy, General Manager (HR) UBI, against whom he made disclosure in public interest. By the above order he has been forbidden to leave station without prior permission of Competent Authority i.e. General Manager (HR) UBI and he is not allowed to enter into any branch office of the bank except for limited purpose and he has been ordered to be paid subsistence allowance.
VII. I was not been paid subsistence allowance by my employer since suspension even after repeated request to Top Management of United Bank of India.
I have already appealed to CVC for protection u/s 11 WBP Act 2011 in August, 2016. Shall I now file a writ petition in Calcutta High Court