In Brief
A retired Indian Police Service officer (Sri K. Sampath Kumar) was re-employed as Joint Director of the Anti-Corruption Bureau and authorized investigation into disproportionate assets held by another police officer. The High Court quashed proceedings on grounds that re-employment was invalid and the informant could not be the investigator. The Supreme Court held that re-employment by the State was valid under Article 162 of the Constitution. Applying the de facto doctrine, acts done in public interest by an officer clothed with official authority remain valid despite technical defects in appointment. The Court also held that preliminary inquiry in corruption cases is not mandatory if credible information discloses a cognizable offence. The State's appeal was allowed and the accused officer's appeal dismissed.
The lawyer headnote and full judgment text are available to registered users.