2016 (11) TMI 1738 - SC - Indian Laws

Public Servant or not - Respondent who was appointed as licenced surveyor Under Section 18A of the Karnataka Land Revenue Act, 1964 - Prevention of Corruption Act, 1988 - difference of opinion expressed by the different Benches of the High Court and, therefore, the matter was referred to the larger Bench - Division Bench in 2011 (11) TMI 872 - KARNATAKA HIGH COURT resolved the issue by holding that such a licenced surveyor would be treated as a 'public servant' as defined Under Section 2(c) of the Prevention of Corruption Act, 1988. HELD THAT - Such a licensed surveyor is to be treated as public servant. For this purpose, the view taken by the Division Bench is agreed upon. It is mentioned that different Single Judge Benches of the Karnataka High Court had conflicting views and, for this reason, the matter was referred to the Division Bench which has been answered, by the judgment 2011 (11) TMI 872 - KARNATAKA HIGH COURT holding licensed surveyor to be a public servant Under Section 2(c) of the Prevention of Corruption Act. For this purpose, the High Court, after taking note of the provisions of Section 128 and 131 of the Act, came to the conclusion that these surveyors discharge statutory duty of preparing survey sketches. Such a function was earlier performed by the surveyors of the Survey Department appointed by the State Government. As these Government surveyors were over-burdened with the work, Karnataka Land Revenue Act was amended by inserting Section 18A therein and the work was assigned to these licensed surveyors. All the activities of the licensed surveyors relating to discharging of statutory duties are controlled by the Survey Department of the State Government. This legal position is curled out from Rule 46-A to 46-K of the Karnataka Land Revenue Rules, read conjointly with Sections 18-A, 128 and 131 of the Act. The aforesaid facts and legal position unambiguously leads to the conclusion that these licensed surveyors are different from those private surveyors who have no license from the State Government. Once survey report is prepared by these persons, the same is duly acted upon, on the basis of which Government functionaries take further action. It is, thus, statutory work of preparing survey sketches which is bestowed upon these licensed surveyors and thus, they are performing statutory duty/public functions. Obviously, in the duties that are to be discharged by these public surveyors, the State or the public has interest therein. It is more so, when these public surveyors are bound by the terms of their office as licensed surveyors, viz., the terms on which they are given license by the Government. Appeal dismissed.

Summary

Issues:
1. Whether a licensed surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964, is considered a "public servant" under the Prevention of Corruption Act, 1988.

Analysis:
The Supreme Court addressed the issue of whether a licensed surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964, should be classified as a "public servant" under the Prevention of Corruption Act, 1988. The High Court had differing opinions on this matter, leading to a reference to a larger Bench. The Division Bench ruled that licensed surveyors fall under the definition of "public servant" as per Section 2(c) of the Prevention of Corruption Act, 1988. The Court examined the provisions of the Karnataka Land Revenue Act and Rules, emphasizing the statutory duties assigned to licensed surveyors for preparing survey sketches to update revenue records. The licensed surveyors are appointed to clear pending cases and are regulated by specific qualifications, training, examinations, and fees set by the State Government.

The Court highlighted that the licensed surveyors' duties were previously performed by government surveyors but were later assigned to licensed surveyors due to workload issues. The licensed surveyors operate under the control of the Survey Department of the State Government, indicating their role in aiding the government in performing statutory duties. The Court emphasized that licensed surveyors are not merely contractors but individuals bound by the terms of their office as licensed surveyors, as outlined in the Karnataka Land Revenue Rules. The licensed surveyors' activities are crucial for the government's functions, and their survey reports lead to further governmental actions based on the information provided.

The Supreme Court concluded that licensed surveyors, by performing statutory duties and public functions, fall within the definition of "public servant" under the Prevention of Corruption Act, particularly under clauses (i) and (viii) of Section 2(c). The Court also referenced the definition of "public duty" in the Act, emphasizing that the duties performed by licensed surveyors are of interest to the State or the public at large. Therefore, the Court dismissed certain criminal appeals and allowed others based on the classification of licensed surveyors as "public servants" under the relevant legal provisions.

In summary, the Supreme Court's judgment clarified that licensed surveyors appointed under Section 18A of the Karnataka Land Revenue Act are considered "public servants" under the Prevention of Corruption Act, based on their statutory duties, qualifications, and functions regulated by the State Government. The Court's detailed analysis of the legal provisions and the licensed surveyors' role in public duties led to the conclusion that they fall within the ambit of public servants as defined by the relevant laws.