IMPORTANT POINT
CBI investigation – Govt. orders according general consent to exercise powers and jurisdiction under DSPE Act against private persons for alleged offences whether acting separately or in conjunction with Central Govt./undertaking employees and State Govt. employees upto first gazetted level, to all members of DSPE, cannot be construed to mean that employees of Central Government/ Central Government undertaking and State Government employees up to first gazetted level are beyond reach of CBI and only private persons acting separately or in conjunction with such categories of employees alone can be proceeded against.

JUDGMENT :

(C.T. Ravikumar, J.)

1. The self-same appellant, namely, the Central Bureau of Investigation (for short, ‘the CBI’) calls in question the common judgment dated 13.04.2023 in W.P. Nos.26990 of 2021 and 5441 of 2022 passed by the High Court of Andhra Pradesh. Writ Petition No.26990 of 2021 was filed by the first respondent in the former appeal and Writ Petition No.5441 of 2022 was filed by the first respondent in the latter appeal. As observed by the High Court in the impugned common judgment, common question(s) of law arose for consideration in both the cases in identical circumstances and the High Court took W.P. No.26990 of 2022 as the lead case. Consequent to the consideration of the legal and factual position, the High Court allowed the said Writ Petition and for the same reasoning allowed W.P. No.5441 of 2022 as per the impugned common judgment.

2. Before dealing with the precise question(s) of law involved in the captioned appeals, it is appropriate to refer, succinctly, to the factual background that ultimately led to the filing of the Writ Petitions and their culmination in the impugned common judgment, as under:-

FIR No.10 (A)/2017 was registered for offences under Section 7 of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’) against the first respondent in Criminal Appeal No.898 of 2024 while he was working as Superintendent, Central Excise, Nandyal, (Kurnool), District in the State of Andhra Pradesh. The allegation was that he demanded and accepted an illegal gratification of Rs.10,000/- from the original complainant, Sri. Arif, who was a contractor, on 09.05.2017 for issuance of licence surrender certificate qua Excise Registration Certificate No. AHC PC 1141 KEM 001.

3. In the latter appeal, against the first respondent therein, FIR No.RC22(A)/2017-CBI/HYD was registered under Section 7 of the PC Act. The allegation was that while working as Accounts Assistant in the office of Senior Divisional Financial Manager, Guntakal, by abusing his office as public servant he demanded and obtained Rs.15,000/- as illegal gratification from the original complainant therein, Sri. C. Dorrai Rajulu Naidu on 20.11.2017 for doing official favour of processing contract bills for the months of July, 2017 to September, 2017 and also previously sanctioned bills for the month of March to May, 2017 and June, 2017. In both the cases, after completion of investigation, chargesheets were filed before the Court of Principal, Special Judge for CBI Cases, Hyderabad. In the case of former appeal, it was so filed on 28.12.2017 and in the latter case it was so filed on 29.03.2018. The Court took cognizance, in the former case, on 16.07.2018 and took on it file as CC No.2/2018 and in the latter case, on taking cognizance it was taken on file as CC No.6/2018 on 03.08.2018. On 28.03.2019, the CBI, policy division order, redefining the territorial jurisdiction of CBI, ACB, Hyderabad and Vishakhapatnam branches was issued. On 03.09.2019, the High Court of Telangana vide ROC No.334/E-1/2008 issued a notification regarding the jurisdiction of four Rayalaseema Districts of the State of Andhra Pradesh, namely, Kurnool, Kadappa, Chittoor and Ananthapur and for their inclusion in the jurisdiction of CBI Courts Vishakhapatnam by deleting the same from the jurisdiction of CBI Courts at Hyderabad.

4. Earlier, as per the Andhra Pradesh Re- Organisation Act, 2014 (for short, ‘the A.P. Re- Organisation Act’), w.e.f. 02.06.2014, the State of Andhra Pradesh was bifurcated geographically into two States namely, the State of Andhra Pradesh and the State of Telangana.

Indisputably, despite the birth of two States by such bifurcation the High Court of Andhra Pradesh continued to be the common High Court for States i.e., Andhra Pradesh and Telangana till December, 2018. As relates the causative incident which led to the registration of the FIR No.10(A)/2017 against the first respondent in the former appeal, it occurred within the limits of Kurnool Di