Constitutional / Public Law · Government Service / Public Authorities
State Anti-Corruption Agencies Can Investigate Corruption Cases Against Central Government Employees
The Supreme Court held that the existence of the Central Bureau of Investigation's powers does not, by itself, oust the statutory authority of competent State police agencies to investigate offences under the Prevention of Corruption Act within the State's territorial jurisdiction.
The issue
The case concerned whether a State Anti-Corruption Bureau could investigate and prosecute a corruption case under the Prevention of Corruption Act against a Central Government employee without CBI approval.The Court's position
The Supreme Court upheld the State agency's jurisdiction and rejected the proposition that only the CBI could investigate such an offence merely because the accused was a Central Government employee.Practical lesson
The identity of the employer—Central or State Government—is not by itself decisive of investigative jurisdiction. The applicable statute, territorial jurisdiction and the legal powers of the investigating agency must be examined.This article is for general legal awareness and is not a substitute for legal advice in an individual matter. The law and the cited decision should be checked against the facts and the law in force when advice is given.
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