VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 466
865
The Supreme Court further observed that it cannot be said
that since Parliament is held in Veeraswami case (1991 (3) SCR
189) to be not suitable to grant sanction for prosecution of a M.P. and
as there is no other authority who can grant sanction, the MPs are
outside the purview of Prevention of Corruption Act, 1988. The
enlarged definition of public servant in sec. 2(c) of the Prevention of
Corruption Act, 1988 includes persons who are not removable by
any single individual authority and can only be removed by a collective
body. Sub. cl. (ix) speaks of a person “who is the President, Secretary
or other office-bearer of a registered cooperative society. The
Supreme Court further observed that the definition of ‘public servant’
in sec. 2(c) of the Prevention of Corruption Act, 1988 includes persons
who are public servants under that provision though the criterion of
removability does not apply to them and there is no single individual
authority which is competent to grant sanction for their prosecution
under sec. 19 of the Prevention of Corruption Act, 1988. In respect
of a Member of Parliament the Constitution does not confer on any
particular authority the power to remove him. There is no authority
who would be competent under cls. (a), (b) or (c) of sec. 19(1) of the
Prevention of Corruption Act, 1988 to grant sanction for his
prosecution. This does not, however, lead to the conclusion that he
cannot be treated as a ‘public servant’ under sec. 2 (c) (viii) of the
Prevention of Corruption Act, 1988 if, on a proper interpretation of
the said provision he is found to be a public servant. When there is
an authority competent to remove a public servant and to grant
sanction for prosecution under sec. 19(1) of the Prevention of
Corruption Act, 1988, the requirement of sanction precludes a Court
from taking cognizance of the offences mentioned in sec. 19(1)
against him in the absence of such sanction, but if there is no authority
competent to remove a public servant and to grant sanction for his
prosecution under sec. 19(1) there is no limitation on the power of
the Court to take cognizance under sec. 190 Cr.P.C. of the offences
mentioned in sec. 19(1) of the Prevention of Corruption Act, 1988.