On May 6th , A five-judge constitution bench led by Chief Justice R M Lodha ruled that Section 6A of the Delhi Special Police Establishment Act (DSPEA), which shackles investigations without approvals, was “discriminatory”, and “impedes tracking down the corrupt senior bureaucrats”. It held “Status or position” cannot shield an officer of the level of joint secretary and above from unconstrained probe by the CBI in cases of corruption, the Supreme Court ruled on Tuesday, quashing a law that requires the agency to go to the government to seek approval for the investigation.
Consequential Action on Ex- IT Commissioner by CBI
The CBI for the first time without obtaining the permission has registered a “preliminary enquiry” (PE) against a former income-tax commissioner of Bhopal to probe his alleged role in a graft case. It is suggested in the media reports that the CVC had forwarded a complaint against the former I-T commissioner of Bhopal to the CBI on February 7 for probing allegations against him that he allegedly favoured a private firm in a tax proceeding case. There was also a charge against the same officer is that he deliberately delayed perusing the special audit against the private firm in exchange for pecuniary gains.
As per norm then, the CBI, on April 21, had sought sanction from the department of revenue against the ex-commissioner for initiating inquiry against him. However , after the Supreme Court ruled that such permission is not required, for initiating probe against government officials of joint secretaries and above rank, the CBI decided to register a Preliminary Enquiry without seeking sanction from the competent authority.
This step by CBI ,in terms of Apex Court decision will send shiver shock to many officers in Joint Secretary & above rank against whom there are complaints , but only reason the inquiry was not initiated because of want of sanction from government .
Alleged Charges Against IT Authorities
As per media reports , in a complaint ot CVC , it was alleged that in 2009 I-T department had targeted private educational institutions, mostly engineering colleges, one of them belonging to a high-ranking Vidhan Sabha official. About 50 teams of over 250 officers of department raided LNCT, People’s Group, RKDF, Swami Vivekananda group and Globus Colleges – operating educational institutions in and around Bhopal.
Raids were also conducted at the offices and residences of Sudeep Maheshwari (Globus Group), Suresh Vijayvargiya (People’s Group), Sunil Kapoor (RKDF Group), Jainarayan Chouksey (LNCT Group) and Satynarayan Sharma, former additional secretary in the Madhya Pradesh Vidhan Sabha.
It was alleged that there was a 3 crore bribe booty distributed between the JCIT & CIT for husing up case after directing for a special audit for which permission was given by the CIT.