New Delhi, Jan 20: The Supreme Court has ruled that state police authorities are empowered to investigate and file charge sheets against central government employees in cases of bribery and corruption under the Prevention of Corruption (PC) Act, without requiring prior permission from the Central Bureau of Investigation (CBI).
A bench comprising Justices J.B. Pardiwala and Satish Chandra Sharma clarified that offences under the PC Act are cognisable in nature and can be investigated by state police, state anti-corruption agencies, or central agencies, provided the investigating officer meets the rank requirements prescribed under Section 17 of the Act.
The bench observed that Section 17 does not bar state police or state special agencies from registering or probing corruption cases against central government employees. The court explained that assigning the CBI to investigate corruption cases involving central government employees is primarily for administrative convenience and to avoid duplication, not due to any legal exclusivity.
“Section 17 does not exclude or prevent the state police from investigating offences of bribery, corruption and misconduct against central government employees,” the bench said, adding that state Anti-Corruption Bureaus are equally competent to conduct such probes.
The ruling came while upholding a Rajasthan High Court decision that refused to quash a corruption case registered by the Rajasthan Anti-Corruption Bureau against a central government employee. The High Court had held that the state ACB had jurisdiction under the PC Act despite the accused being a central employee.
Affirming the view, the apex court said it was incorrect to claim that only the CBI could institute prosecution in such cases. (Agencies)
