By the Court.—The petitioner in the writ petition is seeking quashing of the Government Order/Notification dated 9.10.1995 (hereinafter referred to as the Notification of 1995) issued by the Vigilance Department of the State Government and published in the official gazette dated 9.10.1995 in exercise of powers under the first proviso to Section 17 of the Prevention of Corruption Act 1988 (hereinafter referred to as the Act of 1988) read with Section 21 of the General Clauses Act 1897.

2. Sri O.P. Singh, learned senior counsel referring to the provisions of Section 17 the Act of 1988, submitted that an offence such as referred to in Clause (e) of Sub-section (1) of Section 13 cannot be investigated without the order of a Police Officer not below the rank of a Superintendent of Police.

3. He submitted that prior to notification of 1995 (Annexure 1 to the writ petition), there was a notification dated 14.10.1993 (hereinafter referred to as the notification of 1993) (Annexure 3 to the writ petition). The notification of 1993 provided for investigation of cases relating to offences punishable under Section 13 of the Act of 1988 by a police officer in Uttar Pradesh Vigilance Esta