Chapter V - Inquiry

Section 17: Penalty for breach of confidentiality

Makes breach of the section 16 confidentiality rule punishable under applicable service rules or the prescribed mechanism.

Act No. 14 of 2013Authority: Employer / service-rule authorityData reviewed on 17 July 2026

In 2 minutes

Makes breach of the section 16 confidentiality rule punishable under applicable service rules or the prescribed mechanism.

Statutory text

17. Penalty for publication or making known contents of complaint and inquiry proceedings.— Where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed.

Source transcription: India Code consolidated Act PDF. Check the official source for a live matter.

Rule, authority, record and consequence map

Related Central Rule	Rule 12: Penalty for contravention of confidentiality
Primary authority	Employer / service-rule authority
Core record	Breach finding and recovery/disciplinary record
Compliance consequence	Service-rule action or the prescribed INR 5,000 recovery may apply.

Practical example

A committee member discloses witness identities outside the process. The employer examines the applicable service rule and Rule 12 mechanism.

Finin2min Q&A

What should an employer or committee do first?

Create the record identified above, check the linked Rule and preserve a dated decision trail. Do not replace the statutory process with an informal HR discussion where the Act applies.

What needs jurisdiction-specific checking?

State rules and notifications, District Officer and Local Committee details, service rules, standing orders, appellate forum and any sector regulator requirements.

← Section 16 POSH hub Section 18 →