Bharati H Dangre, J.

By the present application, the Chief Secretary of State of Maharashtra has invoked the jurisdiction of this Court praying for quashing and setting aside the impugned order passed by the learned Special Judge (under Prevention of Corruption Act) for Greater Mumbai, on 25th October 2018, thereby directing the ACB, Mumbai to investigate the complaint filed by the Respondent no.2 under Section 156(3) of the Code of Criminal Procedure (for short 'the Code')

2. We have heard learned senior counsel Shri Darius Khambatta appearing for the applicant, learned Public Prosecutor Shri Deepak Thakare along with Shri K.V. Saste for the State and Shri Aditya Pratap representing the complainant/respondent no.2.

The applicant, at the time of filing of the application, was holding the post of Additional Chief Secretary (Finance) of the State of Maharashtra. However, as on date, he is posted as the Chief Secretary of the State of Maharashtra. The applicant belongs to the IAS cadre and joined the Indian Administrative Services in the year 1983. It is not in dispute that he falls within the definition of public servant as defined under the Indian Penal Code for the purpose o