Public officer status under civil procedure law applied to a government-appointed commissioner, making prior notice mandatory before suit.

A Supreme Court analysis on section 2(17)(h) of the Code of Civil Procedure treated the Coal Mines Provident Fund Commissioner as a public officer because he was appointed by the Central Government, held office as Chief Executive Officer of the Board, and remained subject to Government-controlled service conditions. His remuneration from the Fund and temporary placement with the Board did not change the character of his appointment or the public duties performed. On that basis, a suit against him attracted the notice requirement under section 80 of the Code of Civil Procedure.

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Issues: Whether the Coal Mines Provident Fund Commissioner is a public officer within section 2(17)(h) of the Code of Civil Procedure so as to attract the requirement of notice under section 80 before instituting a suit.

Analysis: The term "public officer" under section 2(17) of the Code of Civil Procedure includes, under clause (h), every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty. The Commissioner was appointed by the Central Government as the Chief Executive Officer of the Board constituted under the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, and his service conditions were controlled by the Central Government. Although his salary and allowances were paid from the Fund and his services were placed at the disposal of the Board, he continued to hold office by virtue of Government appointment and to discharge public duties. Temporary placement with the Board and payment from the Fund did not alter his character as a Government servant for the purpose of clause (h).

Conclusion: The Commissioner is a public officer within section 2(17)(h) of the Code of Civil Procedure, and a suit against him required notice under section 80 of the Code of Civil Procedure.

Ratio Decidendi: A person appointed by the Government to an office and continuing to perform public duties does not cease to be an officer in the service of the Government merely because his services are placed at the disposal of another body or his remuneration is paid from a special fund.

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