Whether Central Govt. Employee can be trapped by ACB of State Govt.
Lokesh
(Querist) 16 February 2011
This query is : Resolved
Dear Sir,
My brother is Central Govt. Employee. He is posted in Rajasthan. He was trapped by State Anti Corruption Department for taking alleged bribe. There was no eye witness for taking of alleged bribe. Only the currency notes were recovered from his pocket. As per panchnama had taken the amount of bribe in his right hand from the complaint and then he took the amount in his left hand and then put the amount in the left hand side pocket of his paint. No colour was found on his hand but the colour was found in the pocket of the paint when phenopthelene test was conducted. Whether Anti Corruption Department of Rajasthan Govt. is legally empowered to register such cases against Central Govt. Employee. Please send his opinion.
Advocate. Arunagiri
(Expert) 16 February 2011
State government has no power to register anti corruption case against the central government employee.
Guest
(Expert) 17 February 2011
YES, of course, as per the provisions of Section 17 of the Prevention of Corruption Act, 1988, a Police Officer of the rank of Dy. Superintendent or equivalent thereto, or a Police Inspector, being duly authorised by the State Government can investigate the case against a public servant, as defined in Section 2(c) of the said Act.
In the definition of a public servant, no distinction has been made between central or state Government employee in Section 2(c) of the Prevention of Corruption Act, 1988.
