Nawal Kishore Meena @ N.K Meena Vs State of Rajasthan (Supreme Court of India)
State Anti Corruption Bureau Can Investigate Central Govt Employees Under PC Act Without CBI Consent – Supreme Court
The Supreme Court dismissed the SLP filed by a Central Government employee and upheld the Rajasthan High Court’s ruling that the State Anti-Corruption Bureau (ACB) is competent to register, investigate and file a charge-sheet under the Prevention of Corruption Act, 1988 even against Central Government employees, without obtaining prior approval or consent of the CBI.
The Court examined whether jurisdiction to investigate corruption offences against Central Government servants lies exclusively with the CBI under the Delhi Special Police Establishment Act. It held that the DSPE Act is only an enabling statute and does not divest the State police of their ordinary powers of investigation. Under Sections 4 and 156 of the Cr.P.C., all cognizable offences are to be investigated as per the Code unless a special statute expressly provides otherwise.
Interpreting Section 17 of the PC Act, the Court observed that the Act does not prescribe any exclusive investigating agency and merely stipulates the minimum rank of officers authorised to investigate. Therefore, offences under the PC Act can be investigated by State police agencies, including the State ACB, provided the officer is of the prescribed rank.
The Court relied on earlier decisions including A.C. Sharma v. Delhi Administration and High Court rulings of Madhya Pradesh and Andhra Pradesh, which recognised concurrent jurisdiction of State police to investigate corruption cases involving Central Government employees.
Finding no legal infirmity in the High Court’s reasoning, the Supreme Court held that investigation and charge-sheet by the State ACB were valid in law and not vitiated for want of CBI consent, and accordingly dismissed the Special Leave Petition.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
