FIR lodged under prevention of corruption act against other than public servant. I am working under a service provider agency which is hired by the rural department for providing different experts for inspection of work conducted under the public works department rural areas. A work order given to a firm in December 2022 for completion of check dams in the rural area prone to flood. After completion of construction that firm has to obtain a completion certificate cum quality certificate from me. I have inspected the work done by the said firm and found so many anomalies in respect of quality and measurement of the work, then stopped the further proceeding. He contacted the anti-corruption bureau and caught me in a false trap. Now an FIR has been lodged and I am arrested. Can I challenge the FIR because I am not a public servant?
Asked from: Uttar Pradesh
You cannot challenge the legality of the First Information Report solely on the basis that you are not a public servant. You are an outsourced employee working in the department on a contractual basis, with remuneration paid by the government. It is immaterial that the salary has been disbursed by the service provider after receiving funds from the government.
More importantly, you qualify as a public servant due to your involvement in discharging a public duty. Conducting work inspections and issuing completion certificates in accordance with tender specifications falls under the purview of public duty.
Section 2(b) of the Prevention of Corruption Act 1988 (PC Act) defines "public duty" as a responsibility discharged in the interest of the State, the public, or the community at large.
(b) “public duty” means a duty in the discharge of which the State, the public or the community at large has an interest;
Section 2(b) of the Prevention of Corruption Act 1988
Section 2(c) of the Prevention of Corruption Act 1988 defines public servants. As per sub clause (viii) of clause (c) of Section 2 of the PC Act, any person who holds an office by virtue of which he is authorised or required to perform any public duty is said to be a public servant.
(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty
Section 2(c)(viii) of the Prevention of Corruption Act 1988
Therefore, you are indeed a public servant, as defined by Sections 2(c) and 2(b) of the PC Act. The construction work for public purposes must adhere to tender terms and conditions in the larger public interest. Your responsibility includes inspecting the work and issuing completion certificates, demonstrating that you are discharging a public duty.
Rather than challenging your status as a public servant, you may seek to quash the FIR by demonstrating that the trap proceedings were false and orchestrated by the Anti-Corruption Bureau (ACB) team in violation of established procedures. If you have prima facie evidence indicating that you never demanded gratification, not given favour to the contractor for issuing completion certificates and that all proceedings are false and fabricated, the High Court may quash the FIR. For more legal help please visit Kanoon India.
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