Zee Media Bureau
New Delhi: In a significant move, the Supreme Court on Tuesday ruled that government’s approval is not required by the Central Bureau of Investigation (CBI) to launch an inquiry against a public servant in a court-monitored investigation.
Answering in negative on whether central government`s prior sanction under section 6A of the Delhi Special Police Establishment Act was necessary before a public servant could be preceded against, three-judge bench headed by Justice RM Lodha, by its majority verdict, said that no such government nod was necessary.
In a concurring order but with different reasoning, Justice Madan B Lokur too held that no prior government sanction was required to inquire into or investigate a public servant.
The bench passed the order in one of the applications filed in coal blocks allocation scam seeking its direction to do away with the provisions of prior sanction of the Centre in cases monitored by court.
"Sanction is not necessary under section 6A of the Delhi Special Police Establishment (DSPE) Act when the case under the Prevention of Corruption Act is monitored by court," the bench said.
With agencies inputs