Individual Performing 'Public Duty' Will Come Under Prevention Of Corruption Act Though Not A 'Public Servant' : Karnataka High Court
3 years, 4 months ago

Individual Performing 'Public Duty' Will Come Under Prevention Of Corruption Act Though Not A 'Public Servant' : Karnataka High Court

Live Law  

The Karnataka High Court has held that even if an individual is not a public servant, but if he is discharging "public duty" by virtue of his office, he is answerable to the State and public and he comes within the ambit of the Prevention of Corruption Act. G.Krishnegowda, working as a project manager at Nirmithi Kendra, Chikkaballapura, had approached the court seeking to quash the FIR registered against him by the Anti Corruption Bureau,, Chickkaballapura, for the offences punishable under Sections 13 read with 13 of the Prevention of Corruption Act, 1988, Justice S Vishwajith Shetty while dismissing the petition last month said, "It is now well settled that even if an individual is not a public servant, but if he is discharging "public duty" by virtue of his office, he is answerable to the State and public and he comes within the ambit of the Prevention of Corruption Act. Reliance was placed on the judgment of the high court in the case of Gopinath Alias Gopinathsa Vs The Superintendent Of Police, Karnataka Lokayukta, Bijapur & Another - 2014 Kccr 3668, has held that the employee of the Nirmithi Kendra cannot be termed as a public servant, and therefore, had quashed the criminal proceedings initiated against the petitioner therein under the P.C.Act by the Karnataka Lokayukta Police. Relying on the judgment of the apex court in Manusukhbhai Kanjibhai Shah's case, the court said, "Having regard to the fact that the Nirmithi Kendra in which the petitioner is employed has been receiving funds from the State and the Central Government and taking into consideration the definition of the word 'public servant' as found in the P.C.Act, it cannot be but said that the petitioner is a public servant.

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History of this topic

Members Of Charitable Society Running Private College Are "Public Servants": Kerala High Court
3 weeks, 2 days ago

Members Of Charitable Society Running Private College Are "Public Servants": Kerala High Court

Live Law  

The Kerala High Court held that the authority which can decide the grant of admission, collection of fees etc. “'Public duty' as defined in Section 2 of the PC Act, means a duty in the discharge of which the State, the public or the community at large has an interest. If a body or a corporation exercises a State function …

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court
1 year, 3 months ago

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

Live Law  

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2 of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. On the other hand, Sr AAG Mohsin Qadri argued that the firm's proprietor and employee were, in fact, …

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine
1 year, 6 months ago

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine

Live Law  

The Supreme Court, on Wednesday, issued notice in a plea challenging the ruling of the Jharkhand High Court that a Resolution Professional will be considered a ‘public servant’ under Section 2 and Section 2 of the Prevention of Corruption Act, 1988. The High Court had opined that the RP performs ‘public duty’ within the meaning of Section 2 of the …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court
2 years, 4 months ago

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

Live Law  

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. …

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