Press Esc to close
Sunday 26 March 2017
News updated at 2:48 PM IST

'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
A delegation of FIFA U-17 Football World Cup at DY Patil Stadium in Navi Mumbai on Saturday...

A delegation of FIFA U-17 Football World Cup at DY Patil Stadium in Navi Mumbai on Saturday...

Artists Kashmir perform at fifth Rashtriya Sanskriti Mahotsav (RSM) organized by North East Zone...

Artists Kashmir perform at fifth Rashtriya Sanskriti Mahotsav (RSM) organized by North East Zone...

President Donald Trump, flanked by Health and Human Services Secretary Tom Price...

President Donald Trump, flanked by Health and Human Services Secretary Tom Price...

New Mobile Medical Unit vehicle are launched by Karnataka Health and Family Welfare Department...

New Mobile Medical Unit vehicle are launched by Karnataka Health and Family Welfare Department...

Map of India with BJP symbol- Lotus, during the Panch Parmeshwar Sammelan for the MCD elections...

Map of India with BJP symbol- Lotus, during the Panch Parmeshwar Sammelan for the MCD elections...

Bollywood actor Shilpa Shetty during the launch of Saffola breakfast cereal, in Mumbai...

Bollywood actor Shilpa Shetty during the launch of Saffola breakfast cereal, in Mumbai...

A farmer from Tamil Nadu state climbs a tree in a bid to commit suicide, but was later coaxed down..

A farmer from Tamil Nadu state climbs a tree in a bid to commit suicide, but was later coaxed down..

Union Home Minister Rajnath Singh pinning stars on the shoulders of a cadet during passing out...

Union Home Minister Rajnath Singh pinning stars on the shoulders of a cadet during passing out...

Women with their faces painted to on the eve of 60th Earth Hour in Muradabad on Saturday...

Women with their faces painted to on the eve of 60th Earth Hour in Muradabad on Saturday...

Indian cricketers pose with series trophy before the start of last test match against Australia...

Indian cricketers pose with series trophy before the start of last test match against Australia...

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