Mumbai Police will not take any suo-motu action against encounter specialist Dayanand Badda alias Daya Nayak, who faces an Anti Corruption Bureau case for allegedly amassing illegitimate wealth, and will wait for the ACB's recommendations, Mumbai Police chief A N Roy said today.

Roy told PTI that he would wait for the ACB to make its recommendations in this regard. Since ACB is proceeding with action against Nayak, we will wait for them to make recommendations and go by what they say after they arrest him (Nayak).

Roy denied media reports stating that the ACB had already sent a letter to him asking to proceed with departmental action against Nayak.

"One who was supposed to hunt those underground has himself gone underground," Roy quipped commenting on media reports appearing today as regards Daya Nayak remaining untraceable to the ACB after the case.

Stating that Mumbai Police will not tolerate corruption, Roy said the inquiry against Nayak was an outcome of the report sent by Mumbai Police to ACB in July 2004. The report was prepared following an inquiry made by the then ACP (Economic Offences), Dilip Sawant against Nayak, he said.

"We found strong evidence against Nayak, and since ACB is our own force which probes corruption charges, we recommended them that they probe the matter," Roy further said.

Roy said that the probe should have been ordered much before, hinting that the alleged corrupt activities of Nayak were overlooked in the past. "But better late than never," he said.

Encounter specialist Daya Nayak is likely to move court to seek anticipatory bail after the Anti-Corruption Bureau registered a case against him and his wife Komal for allegedly amassing illegitimate wealth, sources close to Nayak said, here, on Sunday.

Sources close to Nayak said that the PSI was fearing arrest by ACB in the case and was in two minds whether to move court for anticipatory bail or surrender to the ACB. He is most likely to move for anticipatory bail, sources said.