In a significant ruling, the Supreme Court on Tuesday held that state government investigation agencies are legally empowered to probe corruption cases involving central government employees and officers, and do not require prior permission from the Central Bureau of Investigation (CBI) to file charge sheets before competent courts.
The verdict was delivered by a Bench comprising Justice J.B. Pardiwala and Justice Satish Chandra Sharma, which dismissed an appeal challenging a Rajasthan High Court order that had refused to quash criminal proceedings against a central government employee. The apex court upheld the High Court’s reasoning and rejected the plea.
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Central employee’s argument rejected
The accused central government employee had argued before the Supreme Court that since he was employed with the Central Public Works Department (CPWD), only the Delhi Special Police Establishment (CBI) was competent to register a case, investigate the matter and file a charge sheet against him.
He contended that as the investigation had been conducted by the state’s Anti-Corruption Bureau and not by the CBI, the entire prosecution stood vitiated and was legally unsustainable.
Rejecting this submission, the Supreme Court categorically held that the Delhi Special Police Establishment Act does not confer exclusive investigative jurisdiction on the CBI in cases involving central government employees.
Authority of state agencies clarified
The Bench observed that state police forces and state investigation agencies possess statutory authority to investigate offences punishable under the Prevention of Corruption Act, even when such offences are allegedly committed by central government employees posted within the territorial jurisdiction of a state.
The court further clarified that a charge sheet filed by a state agency cannot be invalidated solely on the ground that it was not preceded by CBI approval.
Reliance on earlier judgments
Referring to a series of earlier decisions, the Supreme Court noted that it is a settled legal position that corruption offences committed by central government employees posted in a state may be investigated either by the regular state police or by the Special Police Establishment, depending on the facts of the case.
The Bench ruled that traps laid, investigations conducted and prosecutions launched by state agencies cannot be struck down merely on the ground of lack of jurisdiction.
Rajasthan High Court order upheld
The Rajasthan High Court had earlier declined to quash proceedings initiated by the state’s Anti-Corruption Bureau (ACB) against central government employee Naval Kishore Meena. The Supreme Court endorsed the High Court’s view and dismissed the appeal.
The ruling brings clarity to a long-standing legal debate over investigative jurisdiction in corruption cases and reinforces the role of state agencies in prosecuting corruption involving central government officials.
About the author – Ayesha Aayat is a law student and contributor covering cybercrime, online frauds, and digital safety concerns. Her writing aims to raise awareness about evolving cyber threats and legal responses.