Section – 21 Public Servant
Who are the Public Servant ?
21. “Public servant”.—The words “public servant” signify a person who comes under any of the descriptions namely:
- XXX (Repealed)
- Commissioned Officer in Army( Military, Navy or Airforce) in india.
- Judge or any person empowered by law to discharge any adjudicatory functions.
- Every officer of Court (liquidator, receiver or commissioner) whose duty to investigate or report on any matter of law or fact.
- Juryman, Accessor or member of a panchayat
- Arbitrator or any other person to whom any case is reffered for decision.
- Every person who can keep person in confinement
- Such person whose duty is to stop offence.
- Person who does assesment of revenue on behalf of Govt or whose duty is to take, receive, keep or expend any property on behalf of the Government,
- Person relating to levy any tax for any secular common purpose of any village, town or district.
- Such person who has electoral roll.
- Such person who is in service or pay of govt. for performance of public duty on fee.
- Includes such person who is into local authority.
- Every person who supervise or conduct public exam.
Explanation – 1 Every Government Servant is public servant but every public servant is not govt. servant. It is not necessary that all public servant are appointed by govt.
Explanation The Word Public Servant includes every person
Explanation W/e Matter is of election then election of any manner or , of any post
Case Law –R. S. Nayak v A. R. Antule
SC held that MLA is not a Public servant because he is liable only for his party.
PV Narasimha Rao v State, AIR 1998 SC 2120
Member of Parliament ( MP) is a Public Servant
M Karunanidhi v UOI, AIR 1979 SC 898
Chief Ministers & Ministers are Public Servant
P Nallammal v State, UOI, 1999 CrLJ 3604
Speaker of Legislative assembly is a public servant
UOI v Ashok Kumar Mitra, AIR 1995 SC 1976
Employee of a Nationalised Bank is a public servant
Ram Krishan v State of Delhi, AIR 1956 SC 1976
All Railway Servants are public servant
State of Ajmer v Shiv Lal,AIR 1959 SC 847
Teacher in a Govt. school is a public servant
Maharudrappa Danappa Kesarappanavar v The State of Mysure, AIR 1961 SC 785
Chairman of managing committee of a municipality is a public servant
State through CentralBureau of Investigation v D P Dogra, AIR 1986 SC 312 Employees of life insurance corporation
State (SPE, Hyderabad) v Air commodore Kailash Chand, AIR 1980 SC 522
Member of Auxiliary Air Force
State of MP v M Narsimhan, AIR 1975 SC 1835
Employees of Bharat Heavy Electricals ( Inmdia) Limited are public servant
National Small Industries Corporation Ltd v State AIR 2009 SC 1284
Employees of Government Company are public servant
Bihar State Electricity Board v Nand Kishore Tamakhuwala, AIR 1986 SC
Officers of State Electricity Board