2011 (11) TMI 872 - HC - Indian Laws

Summary

Issues Involved:
1. Whether a licensed surveyor appointed u/s 18A of the Karnataka Land Revenue Act, 1964, is a "public servant" as defined u/s 2 of the Prevention of Corruption Act, 1988.

Summary:

Issue 1: Definition of "Public Servant" for Licensed Surveyors
1(a). The petitioner, a licensed surveyor u/s 18-A of the Karnataka Land Revenue Act, 1964, was caught accepting a bribe of Rs. 2,500/- for issuing a survey sketch. The petitioner contended that he is not a "public servant" under the Prevention of Corruption Act, 1988, and sought to quash the proceedings.

1(b). Conflicting judgments were noted:
- In Criminal Petition No.15283/2011, it was held that a licensed surveyor is not a public servant as he is not paid by the Government and does not hold a public office.
- In Criminal Petition No.3372/2011, it was held that a licensed surveyor is a public servant as he is remunerated by fees prescribed by the Government and performs public duties.

1(c). Due to these conflicting views, the issue was referred to the Division Bench for resolution.

Analysis of Relevant Provisions:
2. The court examined provisions of the Karnataka Land Revenue Act and Rules, and the Prevention of Corruption Act:
- Section 18-A of the Karnataka Land Revenue Act allows the appointment of licensed surveyors to perform statutory duties.
- Sections 128 and 131 mandate that licensed surveyors prepare survey sketches for changes in revenue records.
- Rule 46-A to 46-K of the Karnataka Land Revenue Rules outline the qualifications, training, licensing, and fee structure for licensed surveyors.

3. The court noted that licensed surveyors are controlled by the State Government and perform statutory duties, distinguishing them from private contractors.

Definition of "Public Servant":
4. Section 2(c)(i) and (viii) of the Prevention of Corruption Act defines "public servant" as anyone in the service or pay of the Government or performing public duties.

5(a). Licensed surveyors, though not paid directly by the Government, are remunerated by fees prescribed by the Government and perform public duties, thus falling under Section 2(c)(viii).

5(b). "Public duty" u/s 2(b) of the Prevention of Corruption Act includes duties in which the State or public has an interest. Licensed surveyors perform such duties, making them public servants.

Conclusion:
5(c). The court concluded that licensed surveyors appointed u/s 18-A of the Karnataka Land Revenue Act, 1964, are public servants as defined u/s 2(c) of the Prevention of Corruption Act, 1988. The judgment in Criminal Petition No.15283/2011 was deemed not good law.

6. The issue was answered affirmatively, and the reference was resolved accordingly. The Criminal Petition was to be posted before the appropriate bench for hearing.