HARISH V. Vs. T.C.MATHEW

JUDGEMENT

(1.) The vexed question that we are called upon to answer in these writ appeals is, whether the office bearers of the Kerala Cricket Association, a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, affiliated to, and functioning under the administrative control of, the Board for Control of Cricket in India [BCCI], can be treated as "public servants " for the purposes of the Prevention of Corruption Act, 1988 ?

(2.) The Prevention of Corruption Act, 1988 [hereinafter referred to as the "PC Act "] is a social welfare legislation that was enacted with the aim of removing corruption from public service. At the time of its enactment, it replaced the earlier legislative regime constituted by the provisions of the Prevention of Corruption Act, 1947, as supplemented by the since omitted Ss. 161 to 165(a) of the Indian Penal Code [hereinafter referred to as the "IPC "], and was envisaged to be a complete code in relation to tackling of corruption in public service.

(3.) Sec. 2(c) of the PC Act defines a "public servant " to mean, inter alia, "any person who holds an office by virtue of which he is authorised or required to perform a public duty " [Sec. 2(c)(viii)] as also "any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority " [Sec. 2(c)(xii)]. Explanations 1 and 2 to Sec. 2(c) are also relevant and they read as under: Explanation 1- Persons falling under any of the above sub-clauses are public servants, whether appointed by the Government or not. Explanation 2- Wherever the words "public servant " occur, they shall be understood of 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.