Retd CBI sleuths as investigators :After HC orders: ACB pulls out contractual IOs from anti-graft probe

The Haryana anti-corruption bureau has withdrawn investigation of graft cases from retired Central Bureau of Investigation officials engaged on contract basis, following a November 7 Punjab and Haryana high court directive. Quoting apex court orders, the ACB in its affidavit said “the re-employment of a retired personnel who was a member of the Indian Police Service falls within the executive power of the state. ACB cites SC order to back its decision While the ACB has cited a 2019 apex court order to justify re-employment of retired officials, its latest affidavit does not talk about HCs observations that “Under what substantive provision of law could the police officers be engaged on contract basis to conduct investigation of the cases and to exercise the powers of gazetted officers and also file the final reports.” The HC November 7 order had observed there was no reference made in this regard in the state’s reply. Quoting apex court orders, the ACB in its affidavit said “the re-employment of a retired personnel who was a member of the Indian Police Service falls within the executive power of the state.” IRS officer challenged probe by retired officers The HC was hearing a petition by Indian Revenue Service officer Dheeraj Garg who had challenged the investigation in a first information report and a chargesheet filed under Prevention of Corruption Act and Indian Penal Code on the grounds that the investigating officer Ramaswamy Parthasarathy, a retired CBI officer engaged by the ACB was not legally authorised, competent or empowered to perform the official duties of the investigating officer. However, the Haryana Police Act, 2007 defined a police officer to be a member of the police service of the state constituted under the Act and included the IPS officer of the state cadre.