Government servant.
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
Difference betweeen public servant & Government servant ?
Can we say that Public Prosecutor , Additional Public Prosecutor & Assisstant Public Prosecutor is a public servant or Government servant.
pls suppor the answer with the Supreme Court Judgment as it very much urgent in need.
Pls do help me out.
i have aso heard that SC has given the judgment that list the category who are called as public sevant & who are called as govermnet servant.
thanks to all.
Arvind Singh Chauhan
(Expert) 03 December 2011
though it has been defined in Sec 14 and 21 of IPC, I am anxious to know the opinion of experts and judgment of SC.
ajay sethi
(Expert) 03 December 2011
Bombay high court: Public prosecutors can be booked for corruption
Published: Tuesday, Aug 17, 2010, 0:35 IST
By Mayura Janwalkar | Place: Mumbai | Agency: DNA
The Bombay high court on Monday held that public prosecutors are public servants and can, therefore, be booked under the Prevention of Corruption Act (PCA), 1988. Shantinath Patil, who was working as additional public prosecutor in Kolhapur district since 2000, had filed a petition seeking quashing of an FIR lodged against him in 2007 for allegedly seeking bribe.
Patil’s contention is that he was not a government employee and so the offence can’t be registered against him under the Prevention of Corruption Act.
His petition is pending before a single judge of the court, who referred it to division bench to decide the legal issue whether a public prosecutor comes within the ambit of the definition of public servant under PCA. Earlier, two judgements had said that prosecutor was not a public servant.
However, justice BH Marlapalle and justice Anoop Mohta took the view that “a public prosecutor discharges public function”, and therefore even if he is not a government employee, he can be called a public servant. According to the judges, the appointment of an additional public prosecutor is made in adherence to the Criminal Procedure Code. A prosecutor, therefore, performs a statutory duty.
The judges referred the matter back to the single judge to examine the facts and dispose of the case.
Advocate. Arunagiri
(Expert) 03 December 2011
All the government servants are public servants, but all the public servants are not government servants.
Guest
(Expert) 04 December 2011
Perfect opinion by Shri Arunagiri. Public Prosecutor , Additional Public Prosecutor & Assisstant Public Prosecutor are public servants, as they essentially serve public interest to help maintain law & order of the land.
prabhakar singh
(Expert) 04 December 2011
My 'HATS OFF'to Mr.Arunagiri who very economically but very appropriately has defined the two terms.
Advocate. Arunagiri
(Expert) 04 December 2011
Thanks for your compliments my friends Mr.Makkad, Mr.Tom and Mr.Prabhakar.
Advocate. Arunagiri
(Expert) 04 December 2011
Mr.Shah,
Sorry, It is a mistake.
Now I post the revised one:-
Thanks for your compliments my friends Mr.Dhingra, Mr.Tom and Mr.Prabhakar.
My Friend Mr.Makkad,
Why dont you come to my rescue, to make my post correct?
Mr.Shah,
If Mr.Makkad also agrees my opinion, my previous post stands good by having a retrospective effect.
Sailesh Kumar Shah
(Expert) 04 December 2011
Respected Sir,
Same mistake could be by me also.
It seems that you have typed Mr.Makkad, and wish to type Mr.Dhingra.
Thanks
with Regards,
Guest
(Expert) 04 December 2011
Dear Mr. Arunagiri,
Thanks for amendment, but from the sentence, "My Friend Mr.Makkad, Why dont you come to my rescue, to make my post correct?" of your present post shows as if you did not expect any appreciation of your views from Mr. Dhingra. But, I can assure you, I am not so miser not to appreciate the correct views of any expert. I found your opinion to be perfect and to the point, so my heart made me appreciate that.
Anyway, you can even now treat my views as the views of Mr. Makkad, instead of mine. I hope Mr. Makkad would like to adopt my post as of his own PLEASE.
Advocate. Arunagiri
(Expert) 04 December 2011
Mr.Dhingra,
When some body appreciates us, its my duty to thank them.
That too when I receive a compliment from you, a senior person, a expert, nice gentleman, who is taking all the criticisms in a sportive way, my enthusiasm goes up.
It is only a typing mistake. I never intended to ignore your appreciations.
I just dragged in Mr.Makkad in a jolly mood to make the session more lively and to cover up my typing mistake.
I tender one billion sorry to my friend Mr.Dhingra.
Guest
(Expert) 04 December 2011
Dear Arunagiri,
Please don't take otherwise. There was nothing on which you could have felt sorry. I never intended to write in a taunting way even to the slightest extent.
I knew, you are quite a fair and rational person, the category of human beings I like the most.
Advocate. Arunagiri
(Expert) 04 December 2011
Once again a thanks for your compliments, Mr.Dhingra.
Guest
(Expert) 04 December 2011
You are welcome dear Arunagiri.
M/s. Y-not legal services
(Expert) 04 December 2011
now you are also planning to jump as a politician ah arunagiri sir., also in national level.. well.. ha ha ha..
prabhakar singh
(Expert) 04 December 2011
nice jest from dear Tom!!!!!!!!!!
M/s. Y-not legal services
(Expert) 04 December 2011
thank you prabhakar sir., one day, arunagiri senior teased me in the same manner., so today i gave back.. "reciprocation" ha ha ha
