The circular issued by the general administration department of Maharashtra Government on March 12, 1981 says that ACB must take permission from the government if it wants to conduct inquiry against any class-one officer if he is a member of all India service or the head of a department as defined in Bombay Civil Service rules.
This rule had now become irrelevant, says petitioner Ankur Patil, in view of the Supreme Court judgement in the case 'Subramaniam Swamy versus CBI'.
Advocate Sandesh Sawant, Patil's lawyer, said the Director General of ACB had written a letter to the government to withdraw this circular in view of the SC judgement.
The division bench headed by Chief Justice Mohit Shah then gave four weeks' time to the petitioner to produce this letter and adjourned the hearing to next month.