SAGAR THOMAS Vs. STATE

JUDGEMENT

(1.) A learned single Judge, referred mainly two questions of law for consideration by a Division Bench, viz. (1) whether a President or an elected member of the governing body or Board of Directors of a cooperative Society is a "public servant" for proceeding against under the provisions of the Prevention of Corruption Act, 1947 (for short 'the 1947 Act'); and (2) if so, who should grant sanction in such cases.

(2.) In the 1947 Act, the definition of Public Servant under S.21 of the Indian Penal Code is adopted. S.2 of the 1947 Act reads as follows:

(3.) It is the contention of the appellant that before the introduction of the 1988 Act, only if a person comes under the definition of public servant under S.21 of the Indian Penal Code, he can be proceeded against under the prevention of Corruption Act. The President or an elected member of the Governing Body or Board of Directors of a Cooperative Society is not mentioned in S.21 and, therefore, the entire proceedings are illegal and the charges under the provisions of the Prevention of Corruption Act will not lie against the appellant/accused, who is the President of a Cooperative Society.