State police can probe central govt staff for graft, says SC

The Supreme Court has ruled that State police can investigate and file chargesheets against central government employees for bribery and corruption under the Prevention of Corruption Act, holding that no prior permission from the CBI is required

New Delhi: The Supreme Court has ruled that State police authorities can investigate and file a chargesheet against central government employees when it comes to offences of bribery and corruption under the Prevention of Corruption Act.

The court also made it clear that no prior permission from the CBI is required before registering a case against a central government employee by the State police.

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A bench of Justices JB Pardiwala and Satish Chandra Sharma said that offences under the PC Act can be investigated by a State agency or a central agency or any police agency, as can be seen from section 17 of the Act, with the qualification that the police officer shall be of a particular rank.

“Section 17 does not exclude or prevent the State police or a special agency of the State from registering a crime or investigating cases relating to bribery, corruption and misconduct against central government employees.

“It is for convenience and to avoid duplication of work that the Central Bureau of Investigation — a specialised investigating agency under the Special Police Establishment — is entrusted with the task of investigation of the cases of corruption and bribery against the employees of the central government and its undertakings and the Anti-Corruption Bureau — a specialised investigating agency of the state — is entrusted with the task of investigation of the cases of corruption and bribery against the employees of the state government and its undertakings,” the bench said.

The offences under the PC Act are also cognisable and can, therefore, be investigated by the state police, it added.

The apex court’s order came while upholding a Rajasthan High Court order that had refused to quash a corruption case against a central government employee.

The high court had ruled that the Rajasthan ACB had jurisdiction to register the criminal case under provisions of the PC Act, despite the fact that the accused was a central government employee.

“The high court has taken the correct view while saying that it is incorrect to say that it is only the CBI who could have instituted the prosecution,” the top court said.