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2002 DIGILAW 688 (PNJ)

Purushottam Das v. State Of Haryana

2002-07-19

HEMANT GUPTA

body2002
Judgment Hemant Gupta, J. 1. The present petition is for quashing of FIR No. 6 dated 13.6.1992 under Section 13 E of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as the Act,) registered at Police Station State Vigilance Bureau, Hisar. 2. The sole ground of challenge is that the petitioner is not a public servant since he is employed as a Land Evaluation Officer in Primary Land Mortgage Bank, Mahendergarh. The argument of Shri Baldev Singh Sr. counsel is that the employees of Primary Land Mortgage Bank are not public servant within the meaning of Section 21 of the Indian Penal Code and thus the proceedings under Section 13 of the Act, are misconceived and misuse of process of law. In support of his contention, the learned counsel for the petitioner has relied upon Lakhi Ram and others v. State of Haryana 1989(1) Recent Criminal Reports 669 : [1989(1) All India Criminal Law Reporter 1187 (Pb. & Hry.)], State of Punjab v. Kesari Chand and Anr. 1987(1) Recent Criminal Reports 297 : [1987(1) All India Criminal Law Reporter 471 (Pb. & Hry.)]; State of Maharashtra v. Laljit Rajshi Shah & Ors. 2000(2) RCR (Criminal) 71 : [2000(2) All India Criminal Law Reporter 206 (SC)] and Suraj Mal v. State of Haryana, 1998 (4) (Criminal) 419. 3. All the judgments except the judgment in Suraj Mals case were rendered in relation to Prevention of Corruption Act, 1947 and explaining the scope and ambit of Section 21 of the Indian Pendal Code. However, the situation has undergo change with the enactment of Prevention of Corruption Act, 1988, where the public servant has been defined in Section 2(c). 3. All the judgments except the judgment in Suraj Mals case were rendered in relation to Prevention of Corruption Act, 1947 and explaining the scope and ambit of Section 21 of the Indian Pendal Code. However, the situation has undergo change with the enactment of Prevention of Corruption Act, 1988, where the public servant has been defined in Section 2(c). A public servant so defined now under the Act reads as follows : (c) "public servant" means - (i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty; (ii) any person in the service or pay of a local authority; (iii) any person in the service or pay of a corporation estabilshed by or under Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); (iv) any Judge including any person empowered by law to discharge whether by himself or as a member of any body of persons, any adjudicatory functions; (v) any person authorised by a Court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such Court; (vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a Court of justice or by a competent public authority; (vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty; (ix) any 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 from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); (x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination on making any selection on behalf of such Commission or Board; (xi) any person who is a Vice-Chancellor or member of any governing body, professor reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations; (xii)any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority. Explanation 1. - Persons falling under any of the above sub- clauses are pubic servants, whether appointed by the Government or not. Explanation 2. - Whether the words "public servant" occur they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation." 4. The Officers of the Primary Land Mortgage Bank would be covered under sub Clause 9 inasmuch as the Primary Land Mortgage Bank is a Society registered under the Haryana Cooperative Societies Act, and deals in banking. Therefore, the judgments cited by the learned counsel for the petitioner are clearly distinguishable and are not applicable to the case arising after the enactment of the Act. However, the judgment of Suraj Mals case (supra) deals with a case after the commencement of the Act, but the attention of the Court was not drawn towards the definition of public servant contained in Section 2 (c) of the Act. Therefore, the said judgments in the absence of reference of statutory provisions cannot be considered as a binding precedent and therefore, I am of the opinion that the petitioner, who is an office bearer of the Registered Co-operative Society engaged in the banking is covered under the definition of "public servant" contained in Section 2(c) (ix) of the Act. 5. In view of the said provisions, no case for quashing of FIR is made out. Consequently, the petition is dismissed.