NEW DELHI: Stating that the Anti-Corruption Branch of Delhi government has the jurisdiction to entertain and act on a complaint under the Prevention of Corruption Act in respect of a Delhi Police officer, and to probe and prosecute the crime, the Delhi High Court recently rejected the petition filed by a Sub Inspector in Delhi Police accused of taking bribery.
The court rejected the argument set forth by the official that the corruption allegations levelled against him cannot be probed by the ACB for the reason that the Delhi Police falls under the Central Ministry of Home Affairs.
Justice Jasmeet Singh relied on a previous case where it was held that since the Delhi Police personnel serve the citizens in the capital and the functions of the agency substantially and essentially relate to the affairs of Delhi.
“Any official of the Central government accused of corruption cannot get away with the mere technicality of the Anti Corruption Branch not investigating them. When a complaint is made to an authority in charge, it is the duty of that authority to duly investigate and look into the said allegations. They may after due diligence, transfer the matter to the concerned authority to look into the same but they have the right to investigate the same at the time of lodging of the complaint,” said the court.
The SI was accused of bribery, seeking quashing and setting aside the order on charge passed by Special Judge (PC Act) in which charges under the Prevention of Corruption Act were framed.
HC rejects SI’s argument
The court rejected the argument set forth by the SI that the ACB cannot probe allegations against him for the reason that the Delhi police falls under the Ministry of Home Affairs.