DW BUREAU / Chandigarh While the Punjab Vigilance Bureau has maintained that no prior sanction under Section 17A of the Prevention of Corruption Act was required before registration the corruption case against IAS officer Neelima and others in connection with the PSIEC scam, the present Chief Secretary, VK Janjua had expressed similar views while dealing with the issue of grant of prior sanction against former Chief Secretary Sarvesh Kaushal to the VB in connection with the Irrigation scam. Conveying the State government's decision to grant prior sanction under Section 17A against retired IAS officer Kaushal, the Chief Secretary in his communication dated September 16, 2022 to the Chief Director, Vigilance, Punjab said: "As a matter of fact, no sanction was required u/s 17A of the Prevention of Corruption Act, 1988 for carrying out investigation against the public servants referred to in your letter dated 25.06.2020 because the PC Act, 1988 envisages that prior sanction is required only in investigation of offences relatable to the recommendations made or decision taken by public servant in discharge of official functions or duties." In the present case, he said that none of the decision taken or recommendation made by the IAS officer is being inquired into. "Here, the investigation is regarding illegal gratification taken in crores by him. No sanction is required u/s 17A of the PC Act, 1988 for investigations relating to taking of bribe as it cannot be said to have any nexus with the discharge of official duties. Only when a decision taken by a public servant in discharge of his official duties is to be investigated, prior sanction u/s 17A of the PC Act is required." In his letter to the Vigilance Chief, the CS further said that the Supreme Court in a case titled as State of Rajasthan V/s Tejmal Choudhary 2022 (2) RCR (Criminal) 200 has held that amended section 17A of the PC Act, 1988 is applicable prospectively and not retrospectively. Section 17A of the amended PC Act, 1988 came into force on July 28, 2018 whereas the FIR (into the irrigation scam) was registered in 2017. Therefore, sanction under section 17A is not required, but as a measure of abundant precaution approval has been taken from the Chief Minister, Janjua communicated to the Punjab Vigilance Chief. (editor@dailyworld.in)