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Sec.17(2)of prevention of corruption act (tamilnadu) reqires permission of competent authority to investigate complaints agt.govt.servants by davc
.u/s 6 ,(4)of t.n localbodies ombudsman act 2014 the ombudsman had ordered davc to investigate complaints of corruption agt
A municipal commr. Does the above 17(2) apply to this.please clarify.velusami
Asked 6 years ago in Criminal Law
Religion: Hindu

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8 Answers

The ombudsman has  the powers of a civil court and will look into grievances on maladministration as well as complaints involving corruption punishable under chapter IX of IPC or under Prevention of Corruption Act.

 

 

 

2) If, after an enquiry, the Ombudsman finds that there is a prima facie case against a public servant involving a criminal offence, the Ombudsman may refer the complaint and the findings with recommendation to the appropriate investigating agency.

 

3) section 11(2)The appropriate investigating agency, on completion of investigation, shall initiate prosecution after obtaining sanction from the competent authority.

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

Hello,

Yes, in the instant case the same will be applied.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes if he comes under definition of public servant the same will be applicable to him if the said act is under her discharge of duties in good faith. Otherwise such permission is not required if the said act is not under the same

Prashant Nayak
Advocate, Mumbai
34572 Answers
249 Consultations

"17A. (1) No police officer shall conduct any enquiry or inquiry or investigation
into any offence alleged to have been committed by a public servant under this Act,
where the alleged offence is relatable to any recommendation made or decision
taken by such public servant in discharge of his official functions or duties, without
the previous approval-

Provided that no such approval shall be necessary for cases involving arrest
of a person on the spot on the charge of accepting or attempting to accept any
undue advantage for himself or for any other person:


Provided further that the concerned authority shall convey its decision under
this section within a period of three months, which may, for reasons to be recorded in
writing by such authority, be extended by a further period of one month."

 

i) On receipt of complaint / allegation / source report relating to offences alleged
to have been committed under the Prevention of Corruption Act, 1988, the
Directorate of Vigilance and Anti-Corruption shall initially take up a factual verification
in the first instance and shall weed out baseless, vague, frivolous, vexatious
complaints.
ii) No action is required to be taken on anonymous complaints, irrespective of
the nature of allegations and such complaints need to be filed.
iii) If a complaint contains verifiable allegations, it shali be verified with the
complainant for owning / disowning, as the case may be, and if no response is
received from the complainant within a reasonable time, the said complaint may be
filed as pseudonymous.
iv) Repeated complaints regarding the same allegations and previously
disposed, may be filed.
v) Complaints / Petitions received against the elected members of the Local
Bodies and the Officers and employees working under the local bodies, shall be
forwarded to the Tamil Nadu Local Bodies Ombudsman for further action under the
Tamil Nadu Local Bodies Ombudsman Act, 2014.
4. After factual verification as laid down in para 3 above and on admitting the
complaints / petitions by the Directorate of Vigilance and Anti-Corruption, where the
alleged offence is relatable to any recommendation made or decision taken by such
public servant in discharge of his official functions or duties, for the purpose of
obtaining previous approval under Section 17A(1) of the Prevention of Corruption
Act, 1988, the Directorate of Vigilance and Anti-Corruption shall adopt the following
procedure:
i) where an enquiry or inquiry is proposed against a Group A or Group B
Officer, who is or was employed at the time when the offence was alleged to have
been committed, the Directorate of Vigilance and Anti-Corruption shall forward the
materials to the authority competent to remove him from his office, through Vigilance
Commission.

ii) where an enquiry or inquiry is proposed against a Group C or Group D
Officer or institutional staff, i.e., officers and employees of any Body or Board or
Corporation or Authority or Company or Society or Public Sector Undertaking or
Trust or University or Autonomous Body, established by an Act, who is or was
employed at the time when the offence was alleged to have been committed, the
Directorate of Vigilance and Anti-Corruption, shall forward the materials to the
authority competent to remove him from his office, with a copy marked to the
monitoring authority concerned as indicated in para 6 below and to the Vigilance
Commission.
iii) where an enquiry or inquiry is proposed against officers belonging to
different categories (Groups A, B, C, D and institutional Staff) in the same
department, who are jointly involved, the Directorate of Vigilance and
Anti-Corruption, shall forward the materials to the authority competent to remove the
officer who holds the highest post, by adopting the procedure laid down above in (i)
or (ii), as the case may be.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

For registration of FIR and investigation purpose, no prior sanction require but only to initiate prosecution by court.

This is central provision and will prevail over local/state when anomaly exits.

Well, sanction ombudsman act is different and dose not apply for PVC cases.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

sanction is mandatory only for prosecution and not for initiating investigation/inquiry.

Mohammed Mujeeb
Advocate, Hyderabad
19337 Answers
32 Consultations

Yes section 17 of PC act applies on this situation as ombudsman is competent authority to order investigation against govt servant.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the provisions of two different acts are supplementary to each other.
  2. Yes, it can be ordered for investigation, but as per the section itself it might require prior inquiry also.
  3. Rest, would try to do more research on it and come out with some case laws.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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