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THE HON'BLE CHIEF JUSTICE The petitioner had originally raised the issue of the procedure followed in the investigation of corruption cases filed against the All India Service Officers in Tamil Nadu. In this behalf, Writ Petition No.17949 of 2010 was filed and when the writ petition was still pending, the judgment came to be passed by the Hon'ble Supreme Court in Dr.Subramanian Swamy vs. Director, Central Bureau of Investigation, AIR 2014 SC 2140. Thus, proceedings were closed with the assurance of the State Government to re-visit the entire procedure in the light of the said judgment.

5.The contour of controversy examined in Dr.Subramanian Swamy's case, supra, was the challenge laid to Section 6-A(1) of the Delhi Special Police Establishment Act, 1946, providing an impediment in the Delhi Special Police Establishment in conducting an enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988, except with the previous approval of the Central Government where such allegation related to the employees of the Central Government of the level of Joint Secretary and above. This provision was struck down as unconstitutional broadly on the premise that the classification made was not sustainable as it neither eliminated public mischief nor achieved some positive public good. The provision was held to thwart an independent, unhampered, unbiased, efficient and fearless inquiry/ investigation to track down corrupt public servants. The Hon'ble Supreme Court observed that the previous approval from the Government would result in indirectly putting to notice the officers to be investigated before commencement of investigation and if the C.B.I. is not even allowed to verify complaints by preliminary enquiry, how could the case move forward ? The very purpose of a preliminary enquiry is intended to ascertain whether a prima facie case for investigation is made out or not. It was emphasized that the criminal justice system mandates that an investigation into the crime should be conducted in accordance with law and should not be tainted, as also that interested or influential persons are not able to misdirect or hijack the investigation so as to throttle the fair investigation resulting in the offenders escaping the punitive course of law.

12.Learned Advocate General, on the other hand, sought to emphasize that there was no violation of the assurance given to the Court in the earlier writ proceedings and the mandate of the judgment in Dr.Subramanian Swamy's case, supra, was fully met. It was sought to be suggested that the object was to prevent unnecessary harassment of the public servants by motivated persons. The officers should be permitted to carry on their official duties without fear and the Government Order provides that the Vigilance Commission can function in an independent manner and clearly states that the Vigilance Commission can seek and consider the remarks of the Government before ordering an appropriate enquiry. Thus, the Government ensured the uniform process for all Government servants irrespective of the category and rank.

13.The emphasis by the learned Advocate General was on the plea that both the Vineet Narain's case (supra) and Dr.Subramanian Swamy's case (supra) propound upon the existence of discrimination between the officers of the rank of Joint Secretary and above and the officers below that rank for conducting enquiry. The G.O. did not incorporate prior permission, but only remarks to be obtained with reference to acts made in official capacity. It was, thus, submitted that allegations of corruption like demand and acceptance of bribe, possession of disproportionate assets and cases involving trap and arrest would not require obtaining of remarks from the Government and the Directorate of Vigilance and Anti-Corruption would be well within its powers to commence enquiry in such other allegations of corruption. There was stated to be, thus, no impediment in the investigative functions of the Directorate of Vigilance and Anti-Corruption.