Investigation by lower Authority

umapathi.s (Querist) 11 May 2010 This query is : Resolved
A compalint was made to Central Vigilance Commission (CVC) against retired public servant of high ranking official for corruption and other abuse of power during his tenure. The Vigilance Commission i.e. CVC sent the complaint to the same orgainsation where he was working previously. The lower officer who had worked under him condcuted the investigation and gave a white washing report to the CVC which closed the complaint.The report says that since the official is a PF Optee, action can't be initiated against him. is it so ? what is the remedy. can a lower officer investigate against his previous boss ? is it not a case of OFFICIAL BIAS ? can I file a writ for investigation by an independent agency ? is there any time limit under the Preventation of Corruption Act to take cogniznace of the corruption instances ? can he claim immunity on the ground of retirmenet ? pl adivise

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Guest (Expert) 27 February 2011
Any authority lower in rank of the officer cannot conduct preliminary investigation. Also, no independent agency other than CVC, itself, or CBI, other than the concerned department can conduct investigation. But for other points, your query is not clear, as to (1) what is the link of PF with the case? Investigation under the Prevention of Corruption Act cannot be conducted by any other agency other than the CBI or the Anti-corruption Bureau of the concerned state.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

Advocate. Arunagiri (Expert) 27 February 2011
It seems that only a departmental enquiry is conducted, so you can demand for CBI enquiry.

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