Charge sheeted under sec 7,13 of Prevention of corruption act

[punit malik]

I am working as toll collector at toll plaza on the state highway (under PWD) on the rolls of a private contractor/firm (who has taken the tender of collection). I have taken the illegal gratification from a farmer for passing his tractor and was cought red handed, can i be charged under section 7,13 of P.C act and do i be considered as public servant. please suggest.
Thanks

[Dr. Ashok Dhamija]

The only provision under which you may probably be covered as a “public servant” is sub-clause (viii) of clause (c) of Section 2 of the Prevention of Corruption Act, 1988, which is reproduced below:

“(c) “public servant” means—
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(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;”

The expression “public duty” is defined in clause (b) of Section 2 as under:

“(b) “public duty” means a duty in the discharge of which the State, the public or the community at large has an interest;”

You may please consult a lawyer by showing the detailed facts / documents of your case, as to whether in the facts of your case, you would be covered within the definition of a public servant.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[punit malik]

Thank you for your elaborated and well explained answer sir, I just need clarification that as i was not holding the office it was the director of my company, i was just an employee of toll plaza, then also i will be held as public servant under sub-clause (viii) of clause (c) of Section 2.

[Dr. Ashok Dhamija]

It is not about being a director or employee. Even a junior employee (such as a worker or peon) can be a public servant provided he comes within the definition. For example, any person in Government service, whether he is the junior-most peon or the senior most minister, will be a public servant.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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