17-A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties.-
(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval-
(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;
(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:
Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:
Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.
A bare perusal of the aforesaid Section goes to show that it provides that no police officer shall conduct an enquiry or investigation into any offence which is alleged to have been committed by a public servant under the PC Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant, and further that the same has to be in discharge of official functions or official duties of such public servant, against whom enquiry or investigation is to be initiated.
If those conditions are satisfied, a previous approval of the competent authority as per sub-clauses (a), (b) and (c) would be necessary. The First Proviso of the section says that no such approval shall be necessary in respect of the cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person. As per the Second Proviso, the authority concerned shall convey its decision under this provision within stipulated time, which is extendable by recording reasons for such extension.
Section 17-A came to be enacted with a particular object. Section 17-A talks about enquiry or inquiry or investigation of offences relatable to recommendations made or decisions taken by public servants in discharge of official functions or duties. Section 17-A by any stretch of imagination cannot be applied to cases of demand of illegal gratification. Offences like misappropriation, falsification of accounts, cheating, criminal breach of trust, receiving bribes, etc. are beyond the scope of the provision.
In order that the provisions of Section 17A of the PC Act apply, there has to be a “decision” or “recommendation” by a public servant against whom an enquiry or investigation is to be initiated. Such “decision” or “recommendation” shall be a “decision” taken or “recommendation” made by such public servant in discharge of his official functions or duties. In other words, the alleged offence against the public servant must be relatable to any recommendation made or decision taken by such public servant in discharge of his official duties.
Demanding illegal gratification is a pure criminal act unconnected to discharge of the official functions or duties.
The act of demanding a bribe is a pure criminal act, not connected with official functions and not relatable to or having any linkage with recommendation or decision of the public servant. Not fall within the protective umbrella of Section 17A of the Act.