New Delhi: The Supreme Court has ruled that state police authorities are empowered to investigate cases and file charge sheets against Central Government employees in matters related to bribery and corruption under the Prevention of Corruption (PC) Act, clarifying that prior approval from the Central Bureau of Investigation (CBI) is not mandatory.
A Bench comprising Justices JB Pardiwala and Satish Chandra Sharma held on Monday that offences under the PC Act are cognisable in nature and can be investigated by any competent police agency, including state police forces, provided the investigating officer is of the rank prescribed under the law.
The court observed that Section 17 of the PC Act does not bar state police or state-level special agencies from registering cases or conducting investigations against Central Government employees accused of corruption, bribery or misconduct. It explained that the role of the CBI in probing corruption cases involving Central Government employees is largely for administrative convenience and to avoid duplication of efforts, not because of any exclusive statutory mandate.
The Bench noted that while the CBI functions as a specialised agency under the Delhi Special Police Establishment Act to investigate corruption cases involving Central Government officials, state Anti-Corruption Bureaus are similarly designated to handle cases involving state government employees. However, this division of responsibility does not legally prevent state agencies from acting against Central Government employees under the PC Act.
The apex court made these observations 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 Anti-Corruption Bureau had the jurisdiction to register and investigate the case despite the accused being employed by the Centre.
Endorsing the High Court’s view, the Supreme Court said it was incorrect to argue that only the CBI could initiate prosecution in such matters, thereby reaffirming the authority of state police agencies in corruption cases involving Central Government officials.
