Public servant status attaches to a licensed surveyor performing statutory public duty under land revenue law.

A licensed surveyor appointed under Section 18-A of the Karnataka Land Revenue Act, 1964 holds a statutorily regulated office and performs survey work connected with acquisition of rights and preparation of maps under governmental control. Although not paid by the Government and therefore outside Section 2(c)(i) of the Prevention of Corruption Act, 1988, the office carries an obligation to perform public duty. The holder therefore falls within Section 2(c)(viii) as a public servant because the role is created by statute, supervised by rules, and serves a public function.

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Issues: Whether a licensed surveyor appointed under Section 18-A of the Karnataka Land Revenue Act, 1964 is a public servant within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988.

Analysis: The licensed surveyor is appointed under the statutory scheme of the Karnataka Land Revenue Act and performs the work of preparing survey sketches for purposes connected with reporting of acquisition of rights and preparation of maps. The relevant provisions and rules show that the work is not merely private or contractual: the appointment is regulated by the State, the qualifications and training are prescribed, the fee is fixed, the jurisdiction is specified, and the licence is liable to be cancelled for contravention of the Act or Rules. The court held that, though the licensed surveyor is not paid by the Government so as to fall within Section 2(c)(i), the office held by the surveyor carries an obligation to perform a public duty, which brings the holder within Section 2(c)(viii). The statutory definition of public duty also supports the conclusion that the work is of public interest and under governmental control.

Conclusion: A licensed surveyor appointed under Section 18-A of the Karnataka Land Revenue Act, 1964 is a public servant under Section 2(c) of the Prevention of Corruption Act, 1988.

Ratio Decidendi: A person who holds a statutorily created office and is required by that office to perform a public duty, even if not in government service or directly paid by government, falls within the definition of public servant under Section 2(c)(viii) of the Prevention of Corruption Act, 1988.

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