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Lok Ayukta's consent needed to entrust investigation of corruption cases to police, rules SC

In a significant judgment, the Supreme Court has ruled that a state government can entrust the additional responsibility of investigation of a corruption case to a police official on deputation with the Lok Ayukta only with his consent.

''In case the Lok Ayukta thinks that such entrustment of investigation by the state government is likely to affect his functioning or independence, he can certainly inform the state government accordingly,'' the court observed.

The court said in case the state government did not accept the Lok Ayukta's viewpoint, then it would be open to the Lok Ayukta to take action and direct that the officers on deputation in its police wing would not take up any such work entrusted by the state government.

The ruling was handed down by a division bench comprising Justices K Venkataswami and M J Rao, while dismissing seven special leave petitions by public servants of the Karnataka state against a judgment of the Karnataka high court.

''It is true that normally in respect of officers sent on deputation to another authority, the lending authority should not, after deputation of its officers, entrust extra duties concerning the said lending authority to such officers without the consent of borrowing authority. If, however, such an action is taken by a lending authority by virtue of statutory powers and such a course is not objected to by the borrowing authority, the same cannot be said to outside the jurisdiction of the state government,'' the court observed.

According to the facts of the case, a notification was issued by the Karnataka government on December 22, 1992 under Section 17 of the Prevention of Corruption Act, 1988 designating all inspectors of police on deputation with the Karnataka Lok Ayukta to be the police officers for the purpose of Section 17 of the act but subject to the general and overall control and supervision of the director general, bureau of investigation, Lok Ayukta, Bangalore.

A division bench of the high court while dismissing the petitions held that even after deputation, there could be a dual role on the part of the police officers in their functions under the Lok Ayukta and functions in discharge of duties entrusted to them under the PCA.

The apex court in its judgment said if entrustment of additional responsibility was done without consulting the Lok Ayukta and obtaining his consent, it could only be treated as an issue between the state and the Lok Ayukta and it was not the concern of these public servants against whom the police officers on deputation were conducting the investigation.

''But once the Lok Ayukta has not objected at the threshold to such an entrustment of work by the state government to the officers on deputation, then it would not normally be reasonable for the Lok Ayukta to object to the said entrustment when these officers are half-way through the extra work,'' the court observed.

The court said: ''Such withdrawal by the Lok Ayukta at a later stage might create various administrative problems and would only help the public servants against whom the investigation was being done to raise unnecessary legal issues.''

UNI

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