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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, RANJITSINHA RAJA BHONSALE
Tanaji Balasaheb Gambhire – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
RANJITSINHA RAJA BHONSALE, J.
1) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2) The Constitution Bench of the Hon'ble Supreme Court in the case of Subramanian Swamy V. Director, C.B.I reported in (2014) 8 SCC 682, taking very serious note of the level of corruption prevailing in the country and the objects of enacting the Prevention of Corruption Act, has observed as under:
“72. Corruption is an enemy of nation and tracking down corrupt public servant, howsoever high he may be, and punishing such person is a necessary mandate under the PC Act, 1988. The status or position of public servant does not qualify such public servant from exemption from equal treatment. The decision-making power does not segregate corrupt officers into two classes as they are common crimedoers and have to be tracked down by the same process of inquiry and investigation.
75. Corruption corrodes the moral fabric of the society and corruption by public servants not only leads to corrosion of the moral fabric of the society but is also harmful to the national economy and national interest, as the persons occupying high posts in the Government by misusing thei
Section 17A PC Act inapplicable to disproportionate assets cases; previous approval only for offences linked to official recommendations/decisions. Competent authority cannot investigate merits or de....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
It becomes imperative for authority to apply its mind to what is brought before it, as application of mind is bedrock of any order that an authority passes, failing which, it would be contrary to pri....
The main legal point established in the judgment is that section 17-A of the Prevention of Corruption Act does not apply to an investigation completed prior to its introduction on the statute book. T....
The court affirmed the necessity of obtaining prior approval for investigating public servants under the Prevention of Corruption Act, ensuring timely and proper inquiries without undue influence.
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
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