Investigating officer may use subordinate assistance under the Prevention of Corruption Act if direct control and responsibility remain with the authorised officer.

Section 17 of the Prevention of Corruption Act, 1988 permits an officer of the requisite rank to investigate offences under the Act while taking assistance from a Sub-Inspector, provided the authorised Investigating Officer remains in direct supervision, control, and responsibility for the investigation. The provision was read consistently with the settled principle that the investigating officer need not personally perform every step if subordinate assistance is limited to aid and the authorised officer stays in charge. On that basis, the order refusing permission for such assistance was set aside, and subordinate assistance within the statutory framework was affirmed as permissible.

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Issues: Whether a Sub-Inspector could assist the main Investigating Officer in conducting investigation in a case under the Prevention of Corruption Act, 1988, when the investigation remained under the direct supervision and control of the Investigating Officer.

Analysis: Section 17 of the Prevention of Corruption Act, 1988 governs the rank of the police officer authorised to investigate offences under the Act. The provision was construed in the light of the settled position that an officer of the requisite rank need not personally perform every investigative step, and may take assistance of subordinate officers, provided the investigation remains under his control and responsibility. The earlier decisions relied upon recognised that assistance by a subordinate does not by itself vitiate the investigation if the authorised officer remains in charge and supervises the steps taken.

Conclusion: The Special Judge could permit a Sub-Inspector to assist the Investigating Officer, so long as the investigation remained under the latter's direct supervision and control.

Final Conclusion: The petition succeeded and the impugned order declining permission was set aside, affirming that assistance by a subordinate officer is permissible within the statutory framework when the authorised Investigating Officer retains responsibility.

Ratio Decidendi: Under Section 17 of the Prevention of Corruption Act, 1988, an officer of the requisite rank may lawfully take assistance from a subordinate officer in investigation, provided the authorised officer remains in charge, supervises the investigation, and retains responsibility for all investigative steps.

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