Supreme Court: Can State Police Investigate a Central Government Official for the offences Under Prevention of Corruption Act?

 

1.0 Introduction: Challenging a Common Assumption

It’s a widely held belief that any allegation of corruption against a Central Government employee falls squarely within the jurisdiction of a central agency, most notably the Central Bureau of Investigation (CBI). The idea that a state-level Anti-Corruption Bureau (ACB) could take up such a case seems, to many, counterintuitive or even legally incorrect.

This very assumption was recently put to the test and decisively settled by the Supreme Court of India. In the landmark case of Nawal Kishore Meena vs State of Rajasthan, the court delivered a judgment that clarifies the powers of state and central agencies in the fight against corruption. This article will break down the most surprising and impactful takeaways from this crucial ruling, which reaffirms that no public servant is beyond the reach of the law based on a jurisdictional technicality.

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Supreme Court: State Anti-Corruption Bureau can investigate Prevention of Corruption Act offences against Central Government Employees

The question whether State police has jurisdiction to

investigate the offences of bribery and corruption under the PC

Act against the Central Government employees came up for

consideration before the High Courts of Madhya Pradesh and

Andhra Pradesh respectively. A Division Bench of the Madhya

Pradesh High Court in Ashok Kumar Kirtiwar v. State of Madhya Pradesh, reported in 2001 SCC OnLine MP 83, held that the State Police, be it a regular police force or the Special Police Establishment, can investigate the offences of bribery and

corruption against the Central Government employees posted in

the State of Madhya Pradesh. The Full Bench of the Madhya

Pradesh High Court in Arvind Jain v. State of Madhya Pradesh,

reported in 2017 SCC OnLine MP 1294, also took the same view

that the offence of bribery and corruption against the Central

Government employees posted in the State of Madhya Pradesh can

be investigated by regular police force or Special Police

Establishment. A Single Bench of Andhra Pradesh High Court in

G.S.R. Somayaji (Dr.) v. State through CBI, reported in 2001

SCC OnLine AP 1196, held that the trap laid down against

Central Government employees and investigation done by the

State agency cannot be questioned on the premises that it is

illegal for want of jurisdiction. We agree with the dictum laid

down in those decisions. [ See : The State of Kerala v.

Navaneeth Krishnan, Kerala High Court, 2023 SCC OnLine Ker

5730] {Para 10}

11. We find no error, not to speak of any error of law, in

the impugned judgment and order passed by the High Court.

REPORTABLE

ITEM NO.17 COURT NO.7 SECTION II-D

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.492/2026

NAWAL KISHORE MEENA @ N.K MEENA Vs  STATE OF RAJASTHAN 

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA

HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Citation:  2026 INSC 71 

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DA Order from Jan 2017 to Autonomous Bodies as per 6th Pay Commission

DA Order from Jan 2017 to Autonomous Bodies as per 6th Pay Commission

No. 1/3/2008-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
***

New Delhi, dated the 7th April, 2017.

OFFICE MEMORANDUM

Subject:- Rate of Dearness Allowance applicable w.e.f.1.1.2017 to employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/grade pay as per 6th Central Pay Commission

—-

The undersigned is directed to refer to this Department’s O.M.of even No. dated 9th November, 2016 revising the rates of Dearness Allowance w.e.f.01.07.2016 in respect of employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/grade pay as per 6th Central Pay Commission.

2. The rate of DA admissible to above categories of employees of Central Government and Central Autonomous Bodies shall be enhanced from the existing rate of 132% to 136% w.e.f.1.1.2017.

3. The provisions contained in paras 3,4 and 5 of this Ministry’s O.M.No. 1(3)/2008-E.II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

4. The contents of this Office Memorandum may also be brought to the notice of all organisations under the administrative control of the Ministries/Departments which have adopted the Central Government scales of pay

(Nirmala Dev)
Deputy Secretary to the Govt. of India

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