J. P. Shah (RTI & CONSUMER ACTIVIST) 19 July 2008

DOING ILLEGAL ACTIVITES IN OFFICE TIME

I WOULD LIKE TO HAVE JUDGEMENTS OF HIGH OR SUPREME COURTS RELATING TO CRIME COMMITTED BY GOVT/BANK EMPLOYEES DURING OFFICE HOURS AND IN COLOUR OF DISCHARGING OFFICIAL DUTIES,E.G. SNATCHING STRIDHAN OF WIFE OF BORROWER, WHILE TAKING POSSESSION OF ASSETS OF HUSABAND UNDER SECURITISATION ACT

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K.C.Suresh (Advocate) 19 July 2008

Dear Shah, your question is not clear. Color of office is discussed in P.K. Pradhan's case by SC. Nexus to official duty is discussed in Badal's case also. Please go through and if any more doubts make it descriptive and clear. Adv. K.C. Suresh, Kerala

J. P. Shah (RTI & CONSUMER ACTIVIST) 19 July 2008

Thank U Sir. Kindly give citation etc of the two cases referred to by U. My query is whether a govt bank officer who does illegal act of snaching gold chain [stridhan]from wife of borrower of the bank, while taking physical possession of assets of husband under securitisation act; be treated as on duty? Because as per following SC judgement, he automatically becomes off-duty moment he starts doing illegal act,.Hence officer should not be helped by bank of such illegal acts.

Act in discharge of official duty- Where public servant commits the offence of cheating or abets another so to cheat, the offence committed by him is not one while he is acting or purporting to act in the discharge of official duty , such offences have no connection with official duty , the official position only furnishing occasion or opportunity to do such acts.-AIR 1960 SC266.