In a significant judgment, the Supreme Court has held that the State Police can take action against Central Government employees under the Prevention of Corruption Act for bribery and corrupt practices.

In a significant judgment, the Supreme Court has held that state police authorities can investigate and file chargesheets against central government employees in cases of bribery and corruption offences under the Prevention of Corruption Act.

The court has also made it clear that there is no need for the state police to take prior permission from the CBI before registering a case against any central government employee.

State police can investigate central employees: SC

A bench of Justices JB Pardiwala and Satish Chandra Sharma on Monday said that offences under the Prevention of Corruption 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 condition that the police officer should be of a particular rank.

Section 17 does not prevent the State police or any special agency of the State from registering or investigating cases relating to bribery, corruption and misconduct against Central Government servants.

No prior permission of CBI is required for investigation.

The bench said, 'For convenience and to avoid duplication of work, the CBI has been entrusted with the task of investigating cases of corruption and bribery against employees of the Central Government and its undertakings.

Also, the Anti-Corruption Bureau (ACB) has been entrusted with the task of investigating cases of corruption and bribery against the employees of the State Government and its undertakings.

The bench also said that offences under the Prevention of Corruption Act are also cognizable and hence can be investigated by the state police.

Offences under the Prevention of Corruption Act are cognizable

This order of the Supreme Court has come while upholding the order of the Rajasthan High Court in which the cancellation of the corruption case against a central government employee was refused.

The High Court had ruled that even though the accused was a central government employee, the Rajasthan ACB had the right to register a criminal case under the provisions of the Prevention of Corruption Act.

The Supreme Court said, 'The High Court has taken the right view in saying that it is wrong to say that only the CBI could initiate prosecution.'

 PC:Jagran