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TMI Blog2011 (11) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... ed handed while accepting a bribe of Rs.2,500/- from said Jagadish. Further proceedings continued. Being aggrieved by the prosecution, the petitioner filed a petition under Section 482 of the Code of Criminal Procedure before this Court in Criminal Petition No. 10853/2011 and prayed for quashing the proceedings pending before the Special Judge and Sessions Judge, Bellary in Lokayuktha PS Crime No. 5/11 registered for the offences punishable under Sections 7 and 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act. It is contended by the petitioner that he is not a "public servant" as defined under the provisions of Prevention of Corruption Act, 1988 and consequently, he is not liable to be prosecuted under the provisions of Prevention of Corruption Act, 1988. 1(b). Learned Judge while hearing the Criminal petition came across two judgments rendered by two learned Judges of this Court which are conflicting with each other. The said judgments are, a. Judgment dated 23/5/2011 in Criminal Petition No.15283/2011. b. Judgment dated 19/07/2011 in Criminal Petition No.3372/2011 and In Criminal Petition No.15283/2011 learned Judge of this Court has held that the li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... my considered opinion, licensed surveyor appointed under Section 18(A) of the Karnataka Land Revenue Act would be public servant within the meaning of sub clause(I) and (viii) of clause (c) of section 2 of the PC Act. Explanations(1) and (2) to Section 2 makes this position further clear. As per explanation (1), persons falling under any of the above sub clauses are public servants, whether appointed by the Government or not. As per explanation (2), wherever the words "Public Servant" occur, they shall be understood as 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. Thus from the above explanations, it is clear that even if a person is not appointed by the Government and if he falls within any one of the category mentioned in sub clause(I) to (xii) of clause (c) of Section 2, they would answer to the definition of Public Servant." 1 (c). It is relevant to note that both the learned Judges have taken into consideration the provisions of Karnataka Land Revenue Act & the Rules framed thereunder as also Section 2(c) (i) to (viii) of the Prevention of Corruption Act while coming to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es for the purposes of effecting the changes in the revenue records maintained for public purposes. Section 18-A(1), further makes it clear that licensed surveyors are appointed for the purposes of third proviso to Section 128 and of clause (c) of Section 131 of the Karnataka Land Revenue Act, 1964. Section 18-A (2) mandates that the prescribed fee shall paid to the licensed surveyors. 2(b). Section 128 of the Karnataka Land Revenue Act reads thus: "128. Acquisitions of rights to be reported._(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Prescribed Officer of the village within three months from the date of such acquisition, and the said Officer shall at once give a written acknowledgment of the receipt of the report to the person making it. Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties, thought fit to entrust the work of preparing sketches in favour of the licensed surveyors. Thus, what is assigned to the licensed surveyors is the statutory and official duty of preparing survey sketches under the provisions of the Karnataka Land Revenue Act and the Rules framed thereunder. 2(e). It is also relevant to note that Rule 46-A of the Karnataka Land Revenue Rules, 1966 deals with qualification, experience and age for obtaining license as a licensed surveyor. Rule 46-B mandates that all the persons who apply for license have to compulsorily undergo training for three months and pass such examination conducted by the Survey Settlement Training Institute of Mysore (by the Government) once in a year, as may be notified. License shall be issued by the Director of Survey, Settlement and Land Records, Bangalore under Rule 46-C to the successful candidates in the examination conducted by the aforementioned institute on payment of fee of Rs.1,000/- for a period of one year subject to renewal every year. The register of the licensed surveyors is maintained under Rule 46-D of the Rules by the Director of Survey Settlement and Land Records. Rule 46-E prescribes the fee of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r cheating or for cancellation of license only. On the other hand, failure to perform the duties with required integrity as entrusted to the licensed surveyors would make them liable to special penalties prescribed for delinquent public servants under the provisions of the Prevention of Corruption Act, 1988. (4) State Government has bestowed upon the licenced surveyors of its statutory work of preparing survey sketches. It is more than clear from the aforementioned provisions that the licensed surveyors are performing the solemn statutory duties/public functions of preparing survey sketches and they are fully under the supervision and control of the Survey Department of the State Government. (5) Section 2(c) (i) and (viii) of the Prevention of Corruption Act, 1988 defines "Public Servant" as under: Sec. 2 (c) "public servant" means- (i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty; (ii) to (vii) xxxxx (viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty; From the aforementioned provisions, it is clear that any pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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