2002 (9) TMI 911

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....desh and District Co-operative Central Bank Limited, Nellore, through its General Manager, have preferred this appeal challenging the Order dated 26.9.2001 of the Division Bench of High Court of Andhra Pradesh whereby criminal case instituted against the respondent/accused, who was working as Supervisor in the District Co-operative Central Bank Limited, Nellore, for alleged offence of accepting bribe punishable under provisions of the Prevention of Corruption Act, 1988 [for short 'the 1988 Act'] has been quashed in proceedings under Section 482 of Criminal Procedure Code [for short 'Cr.P.C.'] 4. The High Court by the impugned Order quashed the criminal case pending against the respondent No. 1 under the 1988 Act on the so....

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.... court] 5. The learned counsel appearing for the State and the District Co-operative Central Bank Limited, Nellore submit that the definition of 'public servant' in Clause (c) of Section 2 of the 1988 Act is very wide and the respondent/accused who is employed as Supervisor in the District Co-operative Central Bank Limited which is "an authority or a body owned or controlled or aided by the Government" in terms of Sub-clause (iii) of Clause (c) of Section 2 of the 1988 Act, clearly falls within the definition of 'public servant'. 6. On the other hand, learned counsel appearing for the respondent/accused, who supports the impugned judgment of High Court by placing reliance on the decisions of the Supreme Court in the ca....

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....st others in 'banking' and 'receiving or having received any financial aid' from the Central or State Government, are included although such elected office-bearers are not servants in employment of the co-operative societies. But employees or servants of a co-operative society which is controlled or aided by the government, are covered by Sub-clause (iii) of Clause (c) of Section 2 of the 1988 Act. Merely because such employees of co-operative societies are not covered by Sub-clause (ix) along with holders of elective offices, High Court ought not to have overlooked that the respondent, who is admittedly an employee of a co-operative bank which is controlled and aided by the government, is covered within the comprehensive de....

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....nd prohibitory provision with regard to grant to stay and exercise of powers of revision on interlocutory orders have also been included. 10. Clause 2 of the Notes on Clause in Gazette of India Extraordinary, Part-II, Section 2, further clarifies the legislative intent thus:- "Clause 2. The clause defines the expressions used in the Bill. Clause 2(c) defines "public servant". In the existing definitions the emphasis is on the authority employing and the authority remunerating. In the proposed definition the emphasis is on public duty. The definition of "election" is based on the definition of this expression in the Indian Penal Code". 11. Under the repealed Act of 1947 as provided in Section 2 of the 1988 Act, the definition ....