However, the state government has clarified that the CBI must obtain prior written permission before initiating an investigation against any government employee under the jurisdiction of the West Bengal government. In other words, the central agency cannot directly launch an investigation into cases involving state government employees; state consent is essential in such instances.
The Home Department notification states that this consent has been granted under Section 6 of the Delhi Special Police Establishment Act, 1946. It is under this Act that the requirement for state consent regarding CBI investigations in various states is determined.
Administrative sources indicate that the CBI has already been formally informed of this decision. Copies of the notification have also been sent to the Director General (DG) of State Police and the Kolkata Police Commissioner. Consequently, these new guidelines will govern future coordination regarding investigations.
The notification further specifies that this clearance applies to investigations into complaints filed against central government employees, central PSUs, and associated private individuals. The administration explains that the responsibility for investigating such offenses has been entrusted to the CBI.
Conversely, the state retains control over cases involving allegations against state government employees. This means the CBI must seek separate permission for such investigations. Administrative circles believe that by imposing this condition, the state government has clearly demarcated the scope of investigations.
Administrative circles believe that this new notification puts an end to long-standing speculation regarding the scope and limitations of CBI investigations in West Bengal. However, attention will now be focused on how this policy is actually implemented and the impact it has on significant future cases.