Pc act 1988

ViGnesh sharma (Querist) 09 March 2020 This query is : Open
Dear Sir,
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
thanking you.

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This discussion revolves around a college lecturer in a private, unaided polytechnic who was charged under the Prevention of Corruption Act, 1988, as a public servant. The core question is whether an employee of a self-financed private institution can be considered a public servant, especially when the college receives no government aid. While initial legal advice suggested challenging the FIR, the High Court directed the case to proceed to trial. Subsequent advice points towards appealing to the Supreme Court or awaiting the charge sheet to file a discharge petition, considering the Act's definition of a public servant and the specific financial status of the institution.

Raj Kumar Makkad (Expert) 09 March 2020
1. No. He can;t be termed as a public servant.

2. You need to file quashing petition before high court.

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ViGnesh sharma (Querist) 09 March 2020
Dear sir, Thanks for the reply, my brother has gone for quashing of FIR with high court Bombay,but court replied to face the trial as court considered that any aid may be received by the college so its matter of evidence.Request u to guide .
Thanks

Raj Kumar Makkad (Expert) 09 March 2020
You had not posted the subsequently disclosed fact earlier hence I had advised accordingly. Now when the high court has dismissed your petition and has directed to face trial under the grab of the college receiving some grants in aid whereas you have already disclosed that College is self financed. In the light of the order of high court, I advise to challenge the said order before Hon'ble Apex Court.

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Raj Kumar Makkad (Expert) 09 March 2020
As per Section 2(c)(xii) any person who is an office bearer or an employee of educational, scientific, social, cultural or other institution whatever manner would be, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority will come under the definition of "public servant".

In view of above stated law position, you have to go through minutely whether that institute falls within the ambit of this factual position or not and take decision accordingly.

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Advocate Suneel Moudgil (Expert) 10 March 2020
you can challenge the outcome of quashing petition before the Supreme Court of India considering minutely the contents of section 2 (c)(xii) as explained above by Expert Makkad Ji,

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Rajendra K Goyal (Expert) 12 March 2020
He can move to Apex Court or may face the trial.

Better would be to move Apex Court.

ViGnesh sharma (Querist) 13 March 2020
I am thankful to all the seniors for their valuable guidance,in the trial court my brother had applied for discharged application but trial court rejected that in aug 2019.Can he move to High court against that discharge application, if so, he needs a senior lawyer for Bombay court application.
Please guide.

Raj Kumar Makkad (Expert) 13 March 2020
Criminal Miscellaneous revision can be filed against the order on the application seeking discharge at the time of the framing of the charges before high court. Search good lawyer on the database of this site.

ViGnesh sharma (Querist) 14 March 2020
Dear sir, I am thankful for your valuable guidance on the case, will definitely help him to get the justice.
Thanks

Raj Kumar Makkad (Expert) 14 March 2020
Mr. Sharma! I also hope that this small contribution from our side may be helpful for you.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
Since he is a private college/institution employee, he may not come under the category of government servant.
However if the institute in which he is employed is receiving government aid for the functioning of the institute then the government rules and law may be applicable for all administrative purposes.
Quash of FIR may not be entertained by high court since the FIR may not contain the detailed information about the charges as well as other details of the offences committed by the accused.
The charge sheet would contain the details on the basis of which a quash petition may be filed denying all the false allegations which may facilitate the high court to understand the case in a better manner to take a decision in your favor.
Preferring a revision before court against the decision of the high court dismissing the quash petition may not yield any better or favorable result, the apex court also may confirm the decision of high court.

Hence you await the charge sheet to be filed before court after which you can file the discharge petition before the trial court or a quash petition before high court for quashing the charge sheet.

ViGnesh sharma (Querist) 02 July 2020
Dear seniors,I am really thankful to all the seniors for their valuable guidance.As in trial court ,discharge application got rejected,and the future dates are given.
A government GR dated 17jan 2017 had enrolled the private unaided college employees in the act ,but the case is of 2015,will it be retrospective..
As per the guidance my brother is planning for the high court, charge sheet quashing.
Ur further guidance will be help ful.

Rajendra K Goyal (Expert) 03 July 2020
The applicability is not retrospective till mentioned specifically in the rule / law / guidelines.

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ViGnesh sharma (Querist) 06 August 2020
Thank you sir,for your guidance.

Rajendra K Goyal (Expert) 06 August 2020
You are welcome, may revert in case of further question on the query.

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ViGnesh sharma (Querist) 14 October 2020
Dear seniors,as my brother had received a letter from authority that the said private institute is opened only on the permanently unaided basis shows it had no grant from government.
Now I need ur guidance ,how he can proceed in the running trial in which this letter will help him to get release or acquital.
Pls do guide us.Thanks

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