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Sanjeev Kuchhal (Publishers)     03 November 2014

Public servant

Public servant _ Applicant working as a Structural Engineer appointed on the High Rise Committee _ Appointment was not under any statute but pursuant to a GR _ His role as a non-official-member of Committee was purely advisory and recommendatory _ Applicant cannot be said to have been holding an office or in the employment of the Government _ Merely because he was performing a public duty does not make him ipso facto a public servant _ Applicant was not ‘holding an office’ and is not a ‘public servant’ within the meaning of Section 2(c)(viii) of PC Act _ Cognizance taken by the Special Judge is wholly without jurisdiction. (See 2014 (10) LJSOFT 3)

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