(1.) Whether Appellant/Inspector General of Police is the employee of the Central Government in the level of Joint Secretary covered by Section 6A of Delhi Special Police Establishment Act, 1946 mandating prior approval of the Central Government; whether investigation is vitiated for non-compliance of Section 6A and whether the 5th Respondent is to be interdicted from investigating the offences alleged to have been committed by the appellant in connection with the case registered in FIR in RC.No.13(E)/2011-CBI/EOW/Chennai are the questions arising for consideration in this writ appeal.
(2.) Background facts:-
(3.) On 24.09.2009, Central Crime Branch (for short "CCB"), Tirupur suomoto registered Crime No.26 of 2009 under Sections 3 and 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and under Section 420 I.P.C. against the Directors of the Paazee Forex Trading India Private Limited, (i) K.Mohanraj, son of Kathiravan; (ii) K.Kathiravan and (iii) Kamalavalli Arumugam with the allegation that all the three accused cheated general public to the tune of hundreds of crores by collecting deposits in the name of doing forex trade without Reserve Bank of India's licence. In Crl.O.P.No.20857 of 2009 (08.10.2009), the High Court has granted anticipatory bail to all three accused with a direction to the Superintendent of Police, Tirupur to take effective measures for ensuring repayments to the depositors by the accused. By the order of the Director General of Police, Tamil Nadu, dated 23.2.2010, Crime No.26 of 2009 on the file of CCB, Tirupur was transferred to Economic Offences Wing II, Coimbatore and re-numbered as Cr.No.3/2010 E.O.W.II.