December 24, 2017
Legal Advise needed, Comment..??
A ‘APP’ under Bihar judiciary has been arrested by vigilance taking some bribe. His point is that he was not receiving any particular salary by Bihar government. He was on temporary basis for 5 years and he was receiving only commissions on every cases which was under him by government.
His argument is that if he can prove that he’s not a government employee, he will not come under the vigilance department.
Is this possible or not, and give reasonable suggestions. Comment..!!
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5 Comments
If a candidate is appointed On ad hoc basis in respect of vacancy, he would be regarded as senior to the direct recruit is fundamentally fallacious and whole thing would depend upon the letter of appointment.
In section 21 of IPC, definition of Public servant is given an this case falls under the last sub section of section 21 by which, this APP is clearly under the public servant and then he is liable under Vigilance department. He can’t take plea that he’s not government servant.
When you see section 21 of IPC and its clause 5,6,7 ..this case falls under it .. No matter he is ad hoc or temporary .. But he is working under government .. According to me government is in vicarious liability ..every act of him will make government liable .. Corruption is corruption no matter who else done .. According to my common sense he is liable ..and vigilance. Authority can do action on it…
He is liable for the act which he has done.He can be charged and taken into arrest for taking bribe.Therefore, it does not matter that he is on ad hoc basis or on permanent basis this case comes under section 21 of IPC. Hence, he can be liable for the same.
Section 21 of IPC clearly denotes who is a “public servant” and clause 12 (a) of the same says every person in the service or pay of the government or remunerated by fees or commission for the performance of any public duty by the government will fall under the description of a public servant. Therefore the plea that the person was employed on a temporary basis is immaterial and he would certainly be liable for taking bribes under the vigilance department.