Srinagar, Aug 25: A bench of Justice Sanjay Dhar in High Court has held that an officer or servant employed by a Cooperative Society or Cooperative Bank, whether for the whole or part of his tenure including every member of the society or bank falls within the definition of Public Servant.
The Court dismissed the plea by Ghulam Nabi Shah, former Chairman of the Board, Urban Cooperative Bank Ltd, through which he had sought quashing of an FIR filed by Anti-corruption Bureau, Anantnag against him regarding alleged backdoor appointments of at least 12 of his kith and kin.
The FIR No. 04 of 2020 was registered on August 17, 2020 against the former Chairman of the Bank for offences under Sections 5(1) (d) read with Section 5(2) of the J&K Prevention of Corruption Act 2006 and 120-B of RPC with Police Station, ACB Anantnag.
The FIR was challenged on the ground that after coming into force the Jammu and Kashmir Re-organization Act of 2019, the provisions of Prevention of Corruption Act, 1988 have been extended to the UT of J&K. Therefore, the procedure prescribed in the Act would be applicable to the present case, the applicant submitted.
He also contended that in terms of Section 17-A of the Act of 1988, without previous approval of the competent authority, the investigation of the case could not have proceeded against him. An employee or officer of the Cooperative Society does not fall within the definition of ‘public servant’ as contained in Section 2(2) of the State Act, as such, the proceedings against him cannot continue.
Court said that in the instant case, the alleged offence has taken place at a time when State Act was in force and, as such, in terms of Article 20(1) of the Constitution of India which provides that no person shall be convicted for any offence except for violation of a law which was in force at the relevant time, the petitioner has to be tried for the offence as defined under repealed State Act and not for the offences created under the Act of 1988, which was not in force at the time of the alleged occurrence.
The court observed that sub-section (2) of Section 2 of State Act adopts the definition of ‘public servant’ as contained in Section 21 of the Ranbir Penal Code.
It said: “Section 21 of the Ranbir Penal Code defines public servant and it brings certain persons within the purview of the definition of Public Servant.
The Court dismissed the plea, underscoring that an officer or servant employed by cooperative society or cooperative bank falls within the definition of a public servant. DSP arrested for corruption, fraud, fabricating evidence Discover FIR registered against MLA Doda Mehraj Malik over criminal intimidation of woman doctor Discover IC Markets Gold Is Surging in 2025 — Smart Traders Are Already In Read More Skip Three killed in helicopter crash on UK’s Isle of Wight Discover Lal Chowk should be renamed: Renzushah Discover This Could Be the Best Time to Trade Gold in 5 Years Access the gold market with leverage up 1:1000 and tight spreads. Fast signup. No hidden fees. Trading derivatives involves high risk to your capital. IC Markets |Sponsored Green Card by Investment Obtain US Permanent Residency: Invest today and live without visa restrictions LCR Capital Partners |Sponsored Exclusive Men's and Women's Watches - Buy Now Timeless Watches For Everyone - Limited Offer Luxury Watches |Sponsored Gold Is Surging in 2025 — Smart Traders Are Already In Don't miss the gold momentum. Trade CFDs with leverage and zero commission on our platform.Trading derivatives involves high risk to your capital. IC Markets |Sponsored Permanent Residency in the US Gain freedom with a US Green Card by Investment: No more visa lottery. Learn more LCR Capital Partners |Sponsored
|