Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1979 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1979 (2) TMI 191 - SC - Indian LawsWhether if the State law had repealed or overruled the provisions of the Central law what will be the position after the State law itself ceases to exist? Held that:- Since the State Act has now been repealed the question of the prosecution of the appellant hereafter under the State Act does not arise at all, and, therefore, the question of two remedies being open to the prosecution which they may elect at their own option does not arise in this case. The appellant can be prosecuted only under the Corruption Act and the Penal Code and under no other Act at the moment. Moreover, it was obviously wrong to say that the earlier Central Law became violative of Article 14 as soon as the State law was enacted. A Minister is appointed or dismissed by the Governor and is, therefore, subordinate to him whatever be the nature and status of his constitutional functions.That a Chief Minister or a Minister gets salary for the public work done or the public duty performed by him.That the said salary is paid to the Chief Minister or the Minister from the Government funds. It is thus incontrovertible, that the holder of a public office such as the Chief Minister is a public servant in respect of whom the Constitution provides that he will get his salary from the Government Treasury so long he holds his office on account of the public service that he discharges. The salary given to the Chief Minister is coterminous with his office and is not paid like other constitutional functionaries such as the President and the Speaker. These facts, therefor, point to one and only one conclusion and that is that the Chief Minister is in the pay of the Government and is, therefore, a public servant within the meaning of section 21 (12) of the Penal Code. For the reasons given above, we are satisfied that a Chief Minister or a Minister is undoubtedly a public servant as defined in section 21(12) (a) of the Penal Code and the view taken by the High Court on this point was absolutely correct in law. The result is that all the contentions raised by Mr. Venu Gopal, counsel for the appellant fail and the appeals are dismissed.
|