Introduction
The Prevention of Corruption Act, 1988, is the successor of the Prevention of Corruption Act, 1947. The limitations of the Prevention of Corruption Act, 1947 led to the present 1988 Act. There were many important provisions that were absent in the Prevention of Corruption Act, 1947, among them were certain important terms and provisions which were introduced and increased under the Prevention of Corruption Act, 1988 which included the definition of ’Public Duty’ and ’Public Servant’.
Definition and Meaning
The Prevention of Corruption Act, 1947 within its extent defined a ‘Public Servant’ as someone who falls in the description list of Section 21 of the Indian Penal Code, 1860. However, with the enactment of the Prevention of Corruption Act, 1988; the scope and applicability of the law that relates to the prevention of corruption in India. It was to be extended to all acts which had the nature of ‘Public Duty’. In accordance with the same, a list of individuals who shall be designate as Public Servant was introduced. It is under Section 2(c) of the Prevention of Corruption Act, 1988.
The term ‘Public Duty’ is defined in Section 2(b) of the Prevention of Corruption Act, 1988; “as a duty in the discharge of which the State, the public or the community at large has an interest”. Moreover, Section 2 (c)(viii) of the Prevention of Corruption Act, 1988 foresees a public servant to include; “any person who holds an office by virtue of which he is authorize or requir to perform any public duty”. Therefore, it can be conclude that to title a person as a Public Servant. Also to hold such person liable under the Prevention of Corruption Act, 1988. The most important thing that matters is the nature of duty i.e. Public duty discharged by such person and the position held by him or her does not matter.
To recapitulate, Section 2(c) of the Prevention of Corruption Act, 1988 so as to define the term ‘Public Servant’ now lists down the categories of individuals under sub-clauses (i) to (xii) who shall be classified as a ‘Public Servant’. The foremost explanation to the provision. Also gives clarity that the persons falling under the said sub-clauses can be called as public servants. The next explanation further expands the scope to include every individual; who by fact carries out the functions of a public servant. Also that he should be allow to bring under the scope of ‘Public Servant’ by any legal infirmities or technicalities.
Supreme Court’s View
It has settle by the Supreme Court that, when the performance of duties gets as per the terms of Section 2(c). There shall no doubt remain as to who would come within the scope of the Prevention of Corruption Act, 1988. To determine if a certain individual or a person can belong as a ‘Public Servant’. One of the ways to see whether he holds office under an authority is to see the aspect of ‘State’ within the meaning of Article 12 of the Constitution of India. Besides Article 12, the definition of ‘Public Servant’ under the Prevention of Corruption Act, 1988 is also consider to see if an individual is a ‘Public Servant’.
The Supreme Court while dealing and interpreting the definition of the term ‘Public Servant’ in several cases has observed that
“Any grant or any aid at the time of establishment of the society or in any construction or in any structural concept or any aspect would constitute as an aid since the term ‘aid’ has not been defined in the Prevention of Corruption Act, 1988. A sprinkle of aid to the society will also bring an employee within the definition of ‘Public Servant’.”
“In a situation where the cumulative value of the redeemable and non-redeemable shares subscribed by the Central Government in the National Cooperative Consumers Federation of India Limited (“NCCF’) constitutes almost 85% of its share-capital, the same ought to fall within the meaning and scope of the expression “aided” as appearing in Section 2(c) (iii) of the Prevention of Corruption Act, 1988. Therefore, the ‘Assistant Manager’ in the NCCF is a ‘Public Servant’. As required Under Section 2(c) of the Prevention of Corruption Act, 1988.”
Conclusion
The Prevention of Corruption Act, 1988, just like the Prevention of Corruption Act, 1947, was into force with a view to preventing bribery and corruption effectively. Thus, a comprehensive definition of ‘Public Servant’ introduce to achieve the goal of punishing and curbing the growing menace of corruption in the society imparting public duty. It has rightly been said by Hon’ble Justice N.V. Ramana, “that Corruption is the malignant manifestation of a malady menacing the morality of men”.
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