can govt orders overlooked by ACB

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
1.whether ACB can avoid to implement the govt orders which were received prior to filing of charge sheet?2.whether I.O.has got the power to file charge sheet in corruption cases with out any sanction from govt or higher authority in case of a retired employee?

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Kiran Kumar (Expert) 02 July 2010
as far as Corruption matters are concerned Hon'ble SC, in Parkash Singh Badal's case, has made it clear that the govt sanction is not required. Since the corrupt act does not form part of the duties or acts attached to the service the IO is very much competent to file Charge Sheet in the court.

Raj Kumar Makkad (Expert) 02 July 2010
I do agree with barman.

Kiran Kumar (Expert) 02 July 2010
makkad sahib mere ko barman ji bana diya :D

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 July 2010
Sanction not necessary for private poeple, but you agree or not Govt agencies are not independent ; so at one stage or other without Govt approval they can not move further.

Recent cases of Mayavati and mulayamsing in excess property cases are examples.

Uma parameswaran (Expert) 02 July 2010
IO is duty bound to file charge sheet for the case investigated by him.

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