Whether public servant under probation period under pc act

in which way you are asociated with the case.

Are you accused?

Are you ACB official?

Are you HR Manager?

Pls revert to the points raised by Mr. Sudhir Kumar.

Whether law will be different for accused / complainant.

this information will be required to react further.

complainant in the case resulting in FIR u/s 154 CrPC against accused public servants under probation period.

accused being probation is of no conseqeunces.  Sanction is still required.

Courts across the Country are quashing the police investigation or refusing to direct police investigation against the public servants, if there is no sanction (u/s 19 of THE PREVENTION OF CORRUPTION ACT, 1988.) given by the government. Apart from that, a Magistrate cannot even order an investigation against a public servant in a corruption complaint if there is no sanction given by the government. The purpose of obtaining sanction is to see that the public servant be not unnecessarily harassed on a complaint.

not able to agree with Ms Ekta.

Prior sanction for investigation is needed by the CBI before starting investigation against an officer of Jt Secy and equivalnet (and not below that) but this stipulation is not binding against ACB.

However, sacntion of prosecution is needed in each case where prosecution is launched no such sanction is otherwise needed for investigation/arrest/remand etc..

Sudhir Sir, I am still not sure. The statements that you mentioned are not the part of section 19 PC Act.

Can you please let me  know the sections specifically that you are referring to?

Originally posted by : Ekta
	Sudhir Sir, I am still not sure. The statements that you mentioned are not the part of section 19 PC Act. Can you please let me  know the sections specifically that you are referring to?

read CVC Act

Thanks Adv Sudhir Sir and Adv Ekta Ji for  for reply.  Can you please cite specific section/rule/judgment on the basis of which a public servant can get such immunity for prior prosecution sanction in probation period ----------------------------------as probation period is conditional in which he can even be terminated as per service rules. Some public servants not qualifying training exams during probation period were even terminated. 

Whether on probation or made regular in service in employment under the Government, he is a public servant. So, sanction of the competent authority is necessary to be taken u/s 19  for the purpose of taking cognizance of offence by the court of law.

Dear Shri Sudhir Kumar, 

You may like to review your statement "Prior sanction for investigation is needed by the CBI before starting investigation against an officer of Jt Secy and equivalnet (and not below that) but this stipulation is not binding against ACB," as the reverse seems to be the position as per the provisions of Section 26.6A of the CVC Act.

Section 26.6A states as follows:

"“6A. (1) The Delhi Special Police Establishment shall notconduct any inquiry or investigation into any offence alleged tohave been committed under the Prevention of Corruption Act,1988 except with the previous approval of the Central Governmentwhere such allegation relates to—"

"(a) the employees of the Central Government of thelevel of Joint Secretary and above; and"

2+2=4

CBI is consitited under DSE Act.

It can investigate against any central (or central PSU employee) in PC Act cases

but not wihtou previous sanction if the employee is Jt Secretary and above in Central Govt or similar ranking official in PSU.