COAL MINES PROVIDENT FUND COMMISSIONER Vs. RAMESH CHANDERJHA

JUDGEMENT

(1.) This appeal by special leave is against the judgment dated 7-9-1981 of the High Court of Judicature at Patna, Ranchi Bench, Ranchi in Civil Revision No. 341 of 1981. The short question that falls for consideration in this appeal is whether the Coal Mines Provident Fund Commissioner is a 'public officer' as defined in Section 2(17) of the Code of Civil Procedure.

(2.) Section 80 of the Code requires a notice to be issued as prescribed before instituting a suit against a public officer in respect of any act purporting to be done by such public officer in his official capacity. The respondent herein instituted a suit against the appellant - the Coal Mines Provident Fund Commissioner - without a notice under Section 80, C.P.C. The objection in this behalf was repelled by the trial Court and the High Court holding that the Coal Mines Provident Fund Commissioner is not a public officer. According to the appellant the Commissioner is a public officer within the meaning of the term occurring in Section 80 of the C.P.C., and, therefore, the suit is incompetent.

(3.) The term 'public officer' is defined in Section 2(17) of the Code of Civil procedure. Public Officer means a person falling under any of the descriptions in clauses (a) to (h). It is contended on behalf of the appellant that the Coal Mines Provident Fund Commissioner falls under the description in clause (h) which reads as under:-