The State government is not required to make a microscopic examination of the materials submitted by the investigating officer for granting approval for a probe against a public servant under Section 17A of the Prevention of Corruption Act, said the High Court of Karnataka.
“It is also clear from the wording of Section 17A of the Act that the State government is not required to exhaustively and meticulously consider all the material available with the investigating officer at the time he seeks approval, and it is only required to examine and consider whether the opinion formed by the investigating officer that an investigation is warranted is justified or not,” the court observed.
Justice N.S. Sanjay Gowda made these observations while refusing to interfere with permission granted by the State government to the Lokayukta police to conduct an investigation against Shreeroopa, the then Deputy Secretary-III of the Bangalore Development Authority.