Public document
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
pl give me a simple definition of public documet. whether appointment/ termination letter issues by employer (a university)to employee is public document.
Since the letter issued to concerned employee is original while university keeps only a copy (office copy ) of it so it can't be a public document. Is it so?
R.Ramachandran
(Expert) 22 August 2011
The appointment letter / termination order at best can be a "document" but not necessarily a "public document".
A public document is one which is normally accessible by a public. The appointment letter / termination letter cannot be normally accessible to the general public. So such letters cannot be called public documents.
On the contrary, any Annual Reports of the Companies which are filed with the Authorities and which can be accessed are public documents. Similarly, The Gazette Notifications, any notification, circulars, intimation etc., given in public advertisements, etc., are all public documents. The Affidavit filed with the Election Commission by the candidates seeking election are all public documents as they can be accessed by visiting the website of the Election Commission.
So material which is available on the internet and official website of any organization are all public documents because they are easily accessible to the public and not held back as "confidential" or "secret" from the public.
kuldeep kumar
(Expert) 22 August 2011
but in one objective type question a post mortem report was not described as pub doc.was it correct sir ramchandran.ur defintion of pub doc is noteworthy but if any doc upon which pub servant has applied mind should or should not be called pub doc.if my view is correct why post mortem report is not pub doc as the same is done by govt doctor and he is pub servant.pls clear me sir
kuldeep kumar
(Expert) 22 August 2011
one more question is troubling me sir i.e definition of pub servant.what is litmus test to understand who is pub ser.pls answer sir by expressly making a note why MLA is not pub ser.i will be highly obliged sir
prabhakar singh
(Expert) 22 August 2011
Mr.R.Ramachandran seems right as by definition we can say 1) Document issued or published for public knowledge2) Document (such as court records, land deeds, and public registers) authenticated by a public officer and made available for public reference and use. Statements by public officers in such documents in their official capacity are admissible evidence of fact in civil matters. Also called public record.
(3) a document which emanates from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court, or a process server,
notarial acts, official certificates placed on documents signed by persons in their private capacity, such as those recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentication of signatures.
WE CALL THESE ALL PUBLIC DOCUMENTS.
Autopsy report is not a PUBLIC DOCUMENT
so also is not an appointment letter.
Any document upon which public servant has applied mind can not be called a PUBLIC DOCUMENT.
prabhakar singh
(Expert) 22 August 2011
A public servant is one who is defined so by ACT of legislature,and the most comprehensive definition of a public servant is found in PENAL PROVISIONS PERTAINING TO BRIBERY AND CORRUPTION AMONG PUBLIC SERVANTS which comprises as per its Section 2 (c) of the Prevention of Corruption Act, 1988,
defines the public servant as under:-
i) Any person in the service or pay of the Government or re-
munerated by the Government by fees or commission for
the performance of any public duty;
ii) Any person in the service or pay of a local authority;
iii) Any person in the service or pay of a corporation estab-
lished by or under a Central, Provincial or State Act, or an
authority or a body owned or controlled or aided by the
Government or a Government company as defined in sec-
tion 617 of the Companies Act, 1956;
iv) Any judge, including any person empowered by law to dis-
charge, whether by himself or as a member of any body of
persons, any adjudicator functions;
v) Any person authorised by a court of justice to perform any
duty, in connection with the administration of justice, in-
cluding a liquidator, receiver of commissioner appointed
by such court;
vi) Any arbitrator or other person to whom any cause or mat-
ter has been referred for decision or report by a court of
justice or by a competent public authority;
vii) Any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an elec-
toral roll or to conduct an election or part of an election;
viii) Any person who holds an office by virtue of which he is
authorised or required to perform any public duty;Chap. VI] PENAL PROVISIONS
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ix) Any person who is the president, secretary or other of-
fice-bearer of a registered co-operative society engaged
in agriculture, industry, trade or banking, receiving or
having received any financial aid from the Central Gov-
ernment or a State Government or from any corporation
established by or under a Central, Provincial or State
Act, or any authority or body owned or controlled or
aided by the Government or a Government company as
defined in section 617 of the Companies Act, 1956;
x) Any person who is a chairman, member of employee of
any Service Commission or Board, by whatever name
called, or a member of any selection committee appointed
by such Commission or Board for the conduct of any
examination or making any selection on behalf of such
Commission or Board;
xi) Any person who is a vice-chancellor or member of any
governing body, professor, reader, lecturer or any other
teacher or employee, by whatever designation called, of
any University and any person whose services have been
availed of by a University or any other public authority
in connection with holding or conducting examinations;
xii) Any person who is an office-bearer or an employee of an
educational, scientific, social, cultural or other institu-
tion, in whatever manner established, receiving or hav-
ing received any financial assistance from the Central
Government or any State Government, or local or other
public authority;
Explanation 1 - Persons falling under any of the above sub-clauses
are public servants, whether appointed by the Government or not.
Explanation 2 - wherever the words “Public Servant occur, they
shall be understood of every person who is in actual possession of the
situation of a public servant, whatever legal defect there may be in his
right to hold that situation
K.S.Srinivas
(Expert) 22 August 2011
Mr.Prabhakar Singh has given exhaustive reply.
