public servant scope of definition
Querist :
Anonymous
(Querist) 29 November 2010
This query is : Resolved
whether a state or local muncipal transport driver falls within the definition of public servant?
Parthasarathi Loganathan
(Expert) 29 November 2010
A public servant is generally a person who is employed by the government, either through appointment or election. Examples include, among others, police officers, paid and volunteer firefighters, health officers, the public works director, clerical staff, enforcement personnel, and other city personnel authorized to enforce city ordinances, statutes, and codes.
Everyone who is a chief executive of, or a statutory officer or employee in, a Department in the Public Service is a public servant. Contractors in a Department who are not employees are not public servants. For the purposes of the Electoral Act, "public servant" is defined more broadly, notably including a person employed in the Education Service as defined in the State Sector Act. Hence a Municipal transport driver falls under the category of Public Service.
Devajyoti Barman
(Expert) 29 November 2010
Kndly go through section 21 of IPC which makes a list of persons who could be called as public servant amongst whom the person you have mentioned does not fall.
s.subramanian
(Expert) 29 November 2010
yes. the Supreme court has given a very wide interpretation u/s sec.21 IPC. Municipal driver will definitely fall under the ambit of this section.
Kirti Kar Tripathi
(Expert) 30 November 2010
for the purpose of service law, any employee of Government/municipal is public servant and have remedy under State /Central Administrative Tribunal Act. The Driver, being a workman under ID Act can take shelter of ID Act also, in case, the department is an industry.
Advocate. Arunagiri
(Expert) 01 December 2010
Any institution controlled by government is called Govt body. So, he is a public servant.
