Civil Procedure Code (CPC)

Who is public servant

This query is : Resolved 

Online (Querist)
26 December 2018

Is an elected council member in a panchayat union council, a public servant?
Pl clarify sir

rajeev sharmaOnline (Expert)
26 December 2018

Yes. Provisions of Anti corruption law applies to him.

Dr J C VashistaOnline (Expert)
28 December 2018

What is your locus standie to your question ?

M V GuptaOnline (Expert)
28 December 2018

The expression Public Servant is defined in different Acts such as Section 21 of IPC, Section 2 (c) of Prevention of Corruption Act, 1988 etc. These refer to officers or persons in employment of Govt or local Authorities and receiving remuneration from them. Mitra's Legal and Commercial Dictionary states that MLAs and Mukhias are not public servants. But,the Chief Minister, Minister of State, Pradhan of Gram Sabha,Members of Panchayat Adalat, Chief officer of Panchayat are Public Servants. From the above it may be concluded tha MLAs, MPs, persons who are elected to the Panchayat Councils are not public servants unless they hold any special position or an office as mentioned above.

Raj Kumar MakkadOnline (Expert)
14 March 2020

The word 'Public servant' denote a person falling under any of the descriptions hereinafter following namely : First— [Repealed by the Adoption of Laws, Order, 1950], Second— Every Commissioned Officer in the Military, Naval or Air Force of India. or to conduct an election or part of an election.

Raj Kumar MakkadOnline (Expert)
14 March 2020

The exact reply to your query is yes.

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