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Supreme Court of India 2016-04-05 allowed

Central Bureau of Investigation vs P.G. Jain

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Central Bureau of Investigation appealed against the discharge of an Assistant Manager employed by the National Cooperative Consumers Federation of India Limited (NCCF), who was accused of corruption offences. The trial and High Courts had discharged him, finding that the NCCF was not a State under Article 12 of the Constitution and therefore the employee was not a public servant. The Supreme Court reversed this decision, holding that an employee of a cooperative society funded and controlled by the Government can be a public servant under Section 2(c)(iii) of the Prevention of Corruption Act, 1988. With the Central Government holding 85% shareholding in the NCCF, the Court concluded it is 'aided' by the Government, and directed that the trial proceed against the accused."

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Criminal Law Prevention of Corruption Public Servants Cooperative Societies Constitutional Law

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