“A prior approval to investigate an alleged bribe demand by a public servant is not needed under the Prevention of Corruption (PC) Act as the act is unconnected with the discharge of official duties, which is protected under the law,” the Supreme Court has said.
The significant observation was made by a Bench of Justices S.V.N. Bhatti and N.V. Anjaria in its judgment delivered on October 16, by which it dismissed a Rajasthan police constable’s appeal challenging the framing of a corruption charge against him. Writing the judgment for the Bench, Justice Anjaria upheld the Rajasthan High Court’s decision refusing to interfere with the trial court’s order framing a charge under Section 7 of the PC Act against constable Tejaram.
The Supreme Court rejected the constable’s defence that a prior approval for an inquiry or investigation into certain offences linked to decisions or recommendations made by public servants in the discharge of their official functions under Section 17A of the PC Act was not taken by the investigating agency. Section 17A talks about enquiry or inquiry or investigation of offences relatable to recommendations made or decisions taken by public servants while discharging official functions or duties. “An unequivocal position of law emanates from the … decisions about the scope and extent of applicability of Section 17A of the PC Act which contemplates taking a prior approval before investigation or inquiry against a public servant. “The language of the provision itself outlines and circumscribes the ambit of operation of the provision. The court, however, pointed out that the legislature intended to protect a public servant from being prosecuted by engrafting Section 17A in the statute book.
The decisive phrase in the Section is ‘discharge of official functions or duties’,” it said. Observing that the Section cannot be viewed to have an “omnibus application”, it said, “In order that the provision of Section 17A of the PC Act applies, there has to be a ‘decision’ or ‘recommendation’ by a public servant against whom an enquiry or investigation is to be initiated.
