In the case of an employee of a nationalised bank, both the Central Bureau of Investigation (CBI) and the State Anti-Corruption Bureau (ACB) have concurrent power to lay trap in a corruption case. This means that both these agencies can organise a trap in a corruption case by a bank employee.
If the trap in a corruption case against a nationalised bank employee is laid by the State ACB, it does not require the permission of CBI to do so. State ACB is fully competent to trap such an employee in a corruption case.
In fact, police is a State subject under the Constitution of India. Investigation of an offence is the power of police. Therefore, State ACB has the original power to investigate corruption cases. However, by way of arrangement between the Central Government and the State Government [by virtue of Section 5 and 6 of the Delhi Special Police Establishment Act, 1946, under which CBI has been set up], CBI also has been given power to conduct investigation in certain corruption cases when the employees involved are Central Government employees or Central PSU employees even if the offence takes place in the areas of a State. However, this does not mean that the power of the State ACB has been withdrawn. Therefore, in such situation, both State ACB and CBI have concurrent powers, i.e., both can investigate trap cases of corruption against Central Government and Central PSU employees, wherever the States have given consent for CBI under Section 6 of the above Delhi Special Police Establishment Act, 1946.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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