Rajbir Singh Ghuman, Officer on Special Duty (OSD) in the Punjab Chief Minister’s Office, has approached the Punjab and Haryana High Court seeking quashing of the investigation initiated against him in a CBI FIR registered under the Prevention of Corruption Act on October 5.
Ghuman has also sought directions to set aside all consequential actions taken by the CBI until the mandatory approval required under Section 17A of the Prevention of Corruption Act is obtained.
Challenges CBI Search
In his petition, Ghuman has alleged that the CBI conducted a search at his residence in Sangrur on October 6 without obtaining the prior approval mandated under Section 17A of the Act.
According to the petition, the CBI registered the FIR at around 11:50 pm on October 5 and subsequently obtained a search warrant before carrying out the search at his residence within 24 hours.
Ghuman has alleged that the search and subsequent proceedings were conducted in violation of the statutory safeguards provided under the law. He has further claimed that the search was carried out in the absence of both him and his family members.
Claims No Approval Was Obtained
Referring to Section 17A, Ghuman’s counsel argued that the law requires prior approval of the competent government before any inquiry or investigation can be undertaken against a public servant in cases relating to a recommendation made or decision taken by the official in the discharge of official functions.
The petition claims that no proposal seeking approval under Section 17A was moved before the Punjab government and that no such approval was in existence when the CBI initiated the proceedings.
The petitioner has contended that the search, seizure and other steps taken by the agency amounted to investigation and, therefore, could not have been undertaken without complying with the statutory requirement.
Seeks Compliance With Legal Safeguards
Ghuman’s counsel has submitted that any proceedings against the petitioner must strictly follow the procedure prescribed under the Prevention of Corruption Act.
The petition argues that Section 17A provides statutory protection to public servants and that the safeguard cannot be bypassed at the discretion of the investigating agency.
The matter is yet to come up for hearing before the Punjab and Haryana High Court. Advance copies of the petition have been supplied to counsel representing the respondents, including Additional Solicitor General Satya Pal Jain.
