Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court

The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime. The counsel appearing for the bureau placing reliance on the coordinate bench judgment in the case of G. Krishnegowda v. State Of Karnataka, wherein it was held that an employee of Nirmithi Kendra is a public servant and the ACB would have jurisdiction to register a crime against a Project Manager of Nirmithi Kendra. Court findings: At the outset, the bench referred to Section 2 which defines 'public duty', Section 2 which defines any person who holds an office by virtue of which he is authorised or required to perform any public duty and Section 2 which defines a person who is the President, Secretary or other office-bearer of a registered cooperative society engaged in agriculture, industry, trade or banking receiving or having received any financial aid from the Central Government or a State Government or any Corporation established under the Central Act or the State Act. KMF undoubtedly performs public duty and the Government obligations of such public duty was transferred to the Federation, when the Federation was created and therefore, the inescapable conclusion would be that the petitioner would be a public servant within the meaning of Section 2 of the Act.