The state government most probably will not allow senior bureaucrats M. Samuel and Dr Manmohan Singh to be prosecuted by the CBI in the illegal investments case of Kadapa MP Y.S. Jagan Mohan Reddy. In fact the government, say sources, will build a strong case that the officers — whom the CBI had named as accused in the case — should be let off.
This, however, is contrary to the CBI’s contention that it could proceed against the government servants based on Sections clamped under the Indian Penal Code even if the state and Centre denied sanction of prosecution under the Prevention of Corruption Act. “The state is the competent authority to deny sanction of prosecution for sections under IPC as the alleged criminal breach of trust, cheating or forgery were committed by the government servants while discharging their official duties,” a senior bureaucrat said.
Accordingly, the government will deny sanction of prosecution for Sections under the IPC and recommend to the Centre to take a similar decision with regard to the Sections under the PC Act as the latter is the competent authority for All India Services officers. Sources told this newspaper that the Chief Minister was yet to take a call on the ministers, while the file relating to bureaucrats has been put in circulation.