umapathi.s (Advocate) 03 February 2010

Writ petition for CBI Investigation/enquiry

A Complaint of corruption, abuse of power and position against the Managing Director(MD) of nationalised Bank was referred to the Central Vigilance Commission(CVC) with a request to refer the matter to CBI for fair investigation since the person compalined was head of the instituion and allegation may not be investigatied fairly. CVC ignored this prayer and sent the complaint to the same institution i.e. CVO where he was posted previously. As expected, the Investigation officer of the Bank concluded the Complaint as false and gave a clean chit to the MD. the CVC accepted the said report and closed the complaint. Now to get a fair investigation can I approach the HIgh Court by way of writ for investigation by CBI ? OR should i approach the CBI directly or GOI ? pl advise suitable remedy. regards

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8 Replies

Swami Sadashiva Brahmendra Sar (Nil) 03 February 2010

you should approach the GOI first. if no action is taken , then you may approach the High Court for a mandamus with sufficient proof regarding allegations.

N.K.Assumi (Advocate) 03 February 2010

Dear Dr.Tripathi, suppose the high Court issued direction to CBI or the Vigilance to conduct investigation into the case, can they the CBI or the Vigilance conduct investigation without registering the case?

umapathi.s (Advocate) 03 February 2010

dear Dr. Tripati, Thanks for your advice. kindly suggest the apporpriate authoirty in Government to approach . is it Ministry of Finance since the orgainsation is a nationalised Bank or is it Home Department or Ministry of Personel or otherwise ? Regards

Feroz M Shafeeque (Police Officer) 03 February 2010

One can also file a CMP before the concerned CBI court to give direction to CBI for investigation u/s 156(3) CrPC.

umapathi.s (Advocate) 04 February 2010

Thanks for the advice. which is the better and effective option ? approaching the Govt or CBI COURT u/s 156(3) ? . I think, if the CBI court fails to order for investigation , i can still apporach the High court by way of writ petition ? regards

Feroz M Shafeeque (Police Officer) 04 February 2010

The court generally will not reject the petition if it is supported by sufficient proof (prefarably documental) to give prima facie evidence of commission of offence.

Swami Sadashiva Brahmendra Sar (Nil) 04 February 2010

I am unable to agree with Mr.Shafeeque. The judicial trend is contrary to opinion given by him. Investigation is function of executive and it is only executive who can choose the agency for investigation. The court generally does not issue mandamus for investigation by CBI, unless there are exceptional circumstances showing interalia that fair investigation can not be expeted from the police.

Feroz M Shafeeque (Police Officer) 05 February 2010

Corruption by officials of nationalised banks(and other central govt. institutions) is under the jurisdiction of CBI.

State police or state vigilance bureaus are empowered only to investigate offences coming under Prevention of Corruption Act,1988 committed by respective public servants of state..