VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 207
(207)
477
Public Servant
Office bearer of a Co-operative Society or a member
of the All India Services on deputation with the Cooperative
Society is not a public servant within the
meaning of section 21 IPC.
S.S. Dhanoa vs. Municipal Corporation of Delhi,
1981(2) SLR SC 217
A Food Inspector of the Municipal Corporation of Delhi seized
a sealed bottle of honey from the Super Bazar, New Delhi, which is
run by a Co-operative Society. On analysis, the honey was found to
be adulterated. The Municipal Corporation launched a prosecution
against the Super Bazar represented by its General Manager, who is
an All India Service Officer deputed for a fixed period.
The Super Bazar authorities challenged the prosecution on
the ground that prior permission of the Government had not been
obtained for the prosecution of the General Manager, who is a public
servant as contemplated under section 197 Cr.P.C. The Supreme
Court held that, within the meaning of section 21, clause (12) I.P.C.,
only such officials are public servants who are in the service or pay
of the Government or a Corporation established by the Central or the
State Government or a Government company. Employees or office
bearers of a Co-operative Society are not public servants, as a Cooperative
Society is neither a local authority nor a Corporation. A cooperative
Society is not a Corporation established by the Government.
It is not a Statutory body because it is not created by a statute. It is
a body created by an act of a group of individuals (though) in
accordance with the provisions of a statute. A Super Bazar is owned
and managed by a Co-operative Society and not by the Government.
Legally speaking, the Super Bazars are owned and managed by the
Society and not by the Central Government and therefore the
appellant was not employed in connection with the affairs of the Union
within the meaning of section 197 Cr.P.C.