Question
Who grants approval under Section 17A of the PC
Act?Solution
Under Section 17A of the Prevention of Corruption Act, 1988, prior approval is required before initiating any prosecution against a public servant. This approval must be granted by the competent authority empowered to remove that public servant from office. The rationale behind this requirement is administrative accountability: it prevents frivolous, arbitrary, or politically motivated prosecutions against public officials carrying out their duties. This safeguards the independence of decision-making authorities and ensures that only serious and justified allegations proceed. Courts, the Lokpal, magistrates, or investigating agencies cannot grant this sanction; their role is limited to judicial review after prosecution is initiated. This provision balances the state’s interest in combating corruption with protecting public servants from undue harassment. Option D is correct because it directly reflects the statutory framework and purpose. Options A, B, and C incorrectly suggest judicial or investigative authorities are empowered, which is legally incorrect, while Option E misstates the authority’s role.
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