Press Esc to close
Monday 20 February 2017
News updated at 12:12 AM IST
Weather
Max: 29.3°C
Min : 15.9°C
In Bengaluru
clear sky

'CBI can probe officers without nod'

Ashish Tripathi New Delhi: May 3, 2014 DHNS
CBI can now proceed against top government officers - joint secretary and above - in corruption cases without seeking prior approval. PTI Image
The CBI can now proceed against top government officers — joint secretary and above — in corruption cases without seeking prior approval, the Supreme Court has ruled, while quashing legal protection granted to them.

A five-judge Constitution bench presided by Chief Justice R M Lodha struck down Section 6-A of the Delhi Special Police Establishment (DSPE) Act, which made the classification in public servants on the basis of their posts for proceeding against them under the Prevention of Corruption Act.

“The classification made in Section 6-A neither eliminates public mischief nor achieves some positive public good. On the other hand, it advances public mischief and protects the crime-doer. The provision thwarts an independent, unhampered, unbiased, efficient and fearless inquiry / investigation to track down corrupt public servants,” the bench said.
The provision under the DSPE Act required approval of the Central government to conduct an inquiry or investigation in the allegations of commission related to employees of the level of joint secretary and above.

The government tried to defend the legal provision by claiming it did not prohibit investigation against senior government servants.

It only provided a filter or pre-check so that the government can ensure senior officers at the decision-making level were not subjected to unwarranted harassment, they added.

“Can there be sound differentiation between corrupt public servants based on their status? Surely not, because irrespective of their status or position, corrupt public servants are corrupters of public power. The corrupt public servants, whether high or low, are birds of the same feather and must be confronted with the process of investigation and inquiry equally.”

 

Go to Top

Photo Gallery
Theater Person Lakshmi Chandrashekar in an interview to Prajavani Metro for ' Naa Kanda...

Theater Person Lakshmi Chandrashekar in an interview to Prajavani Metro for ' Naa Kanda...

A n aircraft take off in a backdrop of sun set on the last day of the 11th biennial edition...

A n aircraft take off in a backdrop of sun set on the last day of the 11th biennial edition...

A Truck caught fire , at Road in Tinsukia, Assam on Saturday...

A Truck caught fire , at Road in Tinsukia, Assam on Saturday...

Virat Kohli speaks at 49th All India Central Revenue Sports Meet ...

Virat Kohli speaks at 49th All India Central Revenue Sports Meet ...

Indian Air Force's helicopter aerobatic team 'Sarang' on the last day of the 11th Biennial edition..

Indian Air Force's helicopter aerobatic team 'Sarang' on the last day of the 11th Biennial edition..

Skycat Wingwalkers, the Scandinavian aerobatic team, makes a heart on the last day of AERO INDIA...

Skycat Wingwalkers, the Scandinavian aerobatic team, makes a heart on the last day of AERO INDIA...

A three-months-old hippopotamus is seen with its mother Pippa at the Le Cornelle Animal Park...

A three-months-old hippopotamus is seen with its mother Pippa at the Le Cornelle Animal Park...

Bollywood actor Neil Nitin Mukesh with his wife Rukmini during their wedding reception in Mumbai...

Bollywood actor Neil Nitin Mukesh with his wife Rukmini during their wedding reception in Mumbai...

A ball of fire from explosives goes up during the ongoing U.S.-Thai joint military exercise...

A ball of fire from explosives goes up during the ongoing U.S.-Thai joint military exercise...

Sibrerian birds frolic over Narmda River waters in Jabalpur...

Sibrerian birds frolic over Narmda River waters in Jabalpur...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523