Public Servant

Public servant : - A person who is work for public welfare , whether appointed by government or not .

Who can be public servant ?

In India law section 21 of indian penal code (IPC) 1860 Public Servant defined in twelfth (12) categories are Following :- 

First :- replead by adaption and orders 1950.

Second :- Every Army Officer ( Military,navy and Air force of india ) 

 

Third :- Every Judge ( Judge is defined in section 19 of this code ) 

A landmark case law *k.veera swami v. UOI 1991*

SC held that every judge of supreme court and high court and other is also Public servant .

Fourth :- Every Officer Court of justice ( defined in section 20 of this code ) to investigate , report on any matter of law or fact or to make authentic document to keep or to take charge or dispose of any property or to execute any judicial process, or to administrator any oath , or to interpret or to preserve order in the court and any person specially authorized by court to preform any of such duties .

Fifth :- All jury member (juryman) and panchayat member who is assisting a court of Justice or public servant . 

Sixth :- Every Arbitrator or any other person to whom any matter has been sent for the enquiry or solution or has been ask for any report by any other public authority 

          *Arbitrator ~ A form of alternative dispute resolution, is a way to resolve disputes outside the courts or mediator .

Seventh :- Every Arbitrator who is empowered by government to keep prisoner in custody and cary out any such power from the government .

Eighth :- Every person who is empowered by government to perform their duties as prevent offences , to give information of offences , power to investigate or to protect the public health safety or conversation.

Ex.  Police , Trafic police 

Ninth :- Every person who is empowered by government to take receive , keep or expend any property or contact on behalf of government or keep any authontic document relating to the pecuniary interests of the government or to prevent the infraction of any law for the protection of the pecuniary interests of the government.

Tenth :- Any officer whose duty to impose levy taxes or review any of them belf the government for the comman secular perpose of any town , villages , district property or to make a survey .

Eleventh :- Every person who is impowered to prepare , publish maintain or revise an electoral roll or to conduct an election or part of an election .

Twelfth :- Every person - 

【A】In the service or pay of the government or remunerted by fees or commission for the performance of any public duty by the government. 

【B】In the service or pay by a local authority , a corporation established by or under a central provincial or state Act or a government company as defined in section 617 of companies Act 1995 .

Illustration - A municipal commissioner is a Public servant . 

◆ But in many cases court held that municipal commissioner is not a public servant .

Explanation 1 :- persons falling under any of the above descriptions are public servant whether appointed by government or not . 

● Relevant case law of Public Servant ●

1. Supreme court held that in case National small industries corporation limited v. State Any government company is not public servant But every government employees is public servant 

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2. P.V. Narsimarav V .state  The prevention of corporation Act 1988 in section 2 (c) defined in large the section 21 of IPC .