Whether a person appionted on contract be a public officer?

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
facts- State govt of rajasthan has made appiontment of PCPNDT COORDINATORS on contract basis (most of Law Graduate) for the implementation of PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC (PROHIBITION OF SEX SELECTION) ACT, 1994 in each district. their main duty is to implement the Act in the entire distrit and provide Legal opinion relating to said Act.(nature of work like officer)
As per the provision of the Act,private person can file complaint in the court.
IN some cases Appropriate Authority appionted under the Act authorise PCPNDT COORDINATORS to file complaint on their behalf in the court as per section 28 of the Act.
as per provision of Act only authorised officer can file complaint in the court.
issue is that: whether a person appointed on contract basis be a public officer and assigned power to file complaint in the court on the behalf of Appropriate authority? (if any case law of high court/ supreme court on this point plz mention cition)

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Arvind Singh Chauhan (Expert) 08 January 2012
Interesting question I am also anxious to know the answer.

Raj Kumar Makkad (Expert) 08 January 2012
If a person is holding a public office may he be appointed on the contract basis or he may be permanent employee, such employee is a public officer till the period he holds such office.

There is no need to have citation in favour of this general law.

Isaac Gabriel (Expert) 09 January 2012
BE IT CONTRACT,ADHOC,TEMPORARY HE EXERCISES PUBLIC DUTY.HENCE HE IS A PUBLIC OFFICER.

prabhakar singh (Expert) 09 January 2012
It is duty entrusted upon the employee that decides nature of job is Public or not and not the terms of employment.

Sailesh Kumar Shah (Expert) 09 January 2012
Rightly Answer by Ld. Experts.

Deepak Nair (Expert) 09 January 2012
It is true that he will be a public officeer. But such officer is posted on the post of a gazetted officer, shall not have the power of a gazetted officer, but will remain only as a public officer.

Shonee Kapoor (Expert) 09 January 2012
Rightly guided.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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