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1990 (1) TMI 264 - SC - Indian LawsWhether the Coal Mines Provident Fund Commissioner is a 'public officer' as defined in section 2(17) of the Code of Civil Procedure? Held that:- Appeal allowed. In the present case, the Provident Fund Commissioner holds the office of Commissioner on appointment by Government by virtue of his office. His services are temporarily placed at the disposal of the Board. He does not, therefore, cease to be an officer in the service of the Government. The payment of his pay out of the Fund does not alter his status as Government employee. We are, therefore, of the opinion that the courts below have erred in holding that the Coal Mines Provident Fund Commisioner is not a public officer within the meaning of the term in section 2(17)(h) of the C.P.C.
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