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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 challenged the discharge of P.G. Jain, an Assistant Manager at the National Cooperative Consumers Federation of India Limited (NCCF), from prosecution under the Prevention of Corruption Act. The trial court had discharged him, holding that the NCCF was not a 'State' under Article 12 of the Constitution, and therefore his employees were not 'public servants'. The Supreme Court reversed this order, holding that the definition of 'public servant' in the P.C. Act is independent of Article 12. Since the Central Government holds 85% equity in the NCCF, it qualifies as a body 'aided' by Government, making its employees 'public servants' under the Act. The trial was directed to proceed.

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Criminal Law Public Servants Prevention of Corruption Act Cooperative Societies Constitutional Law Article 12

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