Public servant status extends to cooperative-bank employees under the independent coverage of government-controlled or government-aided bodies

Section 2(c) of the Prevention of Corruption Act, 1988 adopts an expansive definition of "public servant." The specific inclusion in Section 2(c)(ix) of certain office-bearers of government-aided registered cooperative societies does not exclude the independent operation of Section 2(c)(iii). Under the latter clause, persons employed by an authority or body owned, controlled, or aided by the Government may qualify as public servants. Accordingly, employees of government-controlled or government-aided cooperative banks fall within Section 2(c)(iii), even though employees are not expressly mentioned in clause (ix). This construction supports the statutory objective of addressing bribery and corruption in governmental and semi-governmental bodies.

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Issues: Whether an employee of a government-controlled or government-aided cooperative bank is a public servant under Section 2(c) of the Prevention of Corruption Act, 1988, notwithstanding the specific provision concerning office-bearers of registered cooperative societies.

Analysis: Section 2(c) of the Prevention of Corruption Act, 1988 contains an expansive definition of public servant. Section 2(c)(ix) includes specified office-bearers of registered cooperative societies receiving government financial aid, whereas Section 2(c)(iii) independently covers persons in the service or pay of an authority or body owned, controlled or aided by the Government. The two clauses are not mutually exclusive. A purposive and wide construction, consistent with the legislative object of effectively preventing bribery and corruption in governmental and semi-governmental bodies, requires employees of a government-controlled or government-aided cooperative bank to be included within Section 2(c)(iii). The employee's omission from clause (ix) does not exclude application of clause (iii).

Conclusion: An employee of a cooperative bank controlled or aided by the Government is a public servant under Section 2(c)(iii) of the Prevention of Corruption Act, 1988.

Ratio Decidendi: The specific inclusion of cooperative-society office-bearers under Section 2(c)(ix) of the Prevention of Corruption Act, 1988 does not exclude employees of government-controlled or government-aided cooperative societies who independently fall within Section 2(c)(iii).

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