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2020 (4) TMI 882 - SC - Indian LawsAs per N. V. RAMANA Deemed University - public servant - contention of the respondent is that the term “University” needs to be read in accordance with the UGC Act, wherein only those Universities covered under the Section 2(f) of the UGC Act are covered under the PC Act - whether the respondent who is allegedly a trustee in the Sumandeep Charitable Trust which established and sponsors the said University (Deemed to be University) is a 'public servant’ covered under Section 2(c) of the PC Act? - HELD THAT:- On a perusal of Section 2(c) of the PC Act, it is observed that the emphasis is not on the position held by an individual, rather, it is on the public duty performed by him/her. In this regard, the legislative intention was to not provide an exhaustive list of authorities which are covered, rather a general definition of ‘public servant’ is provided thereunder. This provides an important internal evidence as to the definition of the term “University”.On a perusal of Section 2(c) of the PC Act, we may observe that the emphasis is not on the position held by an individual, rather, it is on the public duty performed by him/her. In this regard, the legislative intention was to not provide an exhaustive list of authorities which are covered, rather a general definition of ‘public servant’ is provided thereunder. This provides an important internal evidence as to the definition of the term “University”. The object of the PC Act was not only to prevent the social evil of bribery and corruption, but also to make the same applicable to individuals who might conventionally not be considered public servants. The purpose under the PC Act was to shift focus from those who are traditionally called public officials, to those individuals who perform public duties. Keeping the same in mind, as rightly submitted by the learned senior counsel for the appellantState, it cannot be stated that a “Deemed University” and the officials therein, perform any less or any different a public duty, than those performed by a University simpliciter, and the officials therein - the High Court was incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the PC Act. Whether the appellant-trustee in the Board of ‘Deemed to be University’ is a ‘public servant’ covered under Section 2(c) of the PC Act? - HELD THAT:- This Court in the case of CENTRAL BUREAU OF INVESTIGATION, BANK SECURITIES AND FRAUD CELL AND ORS. VERSUS RAMESH GELLI AND ORS. [2016 (2) TMI 1296 - SUPREME COURT], dealt with the question as to whether Chairman, Directors and officers of a private bank before its amalgamation with a public sector bank, can be classified as public servants for prosecution under the PC Act. This case is not an appropriate one to have exercised the power under Section 227 to discharge the accused-respondent herein, having regards to the facts and circumstances of the case. However, it should be noted that this judgment is rendered for a limited purpose, and we have not expressed any opinion on the merits of the case. The trial court is directed to proceed with the case expeditiously. As per Ajay Rastogi, J. Whether the respondent-trustee in the board of ‘deemed to be university’ is a ‘public servant’ covered under Section 2(c) (xi) of the Prevention of Corruption Act, 1988? - HELD THAT:- By introduction of Section 2(c )(xi) of the Act, 1988, any person or member of any governing body with whatever designation called of any university has been included in the definition of “public servant” and any university includes all universities regardless of the fact whether it has been established under the statute or declared deemed to be university under Section 3 of the UGC Act. It is true that the distinction has been pointed out by the Parliament under the provisions of the UGC Act for consideration and determination of standards of education in universities, but in my view, no distinction could be carved out between the university and deemed to be university so far it relates to the term ‘public servant’ as defined under Section 2(c ) (xi) of the Act 1988 - In construing the definition of ‘public servant’ in clause (c ) of Section 2 of the Act 1988, the Court is required to adopt an approach as would give effect to the intention of the legislature. The legislature has, intentionally, while extensively defining the term ‘public servant’ in clause (c ) of Section 2 of the Act and clause (xi) in particular has specifically intended to explore the word ‘any’ which includes all persons who are directly or indirectly actively participating in managing the affairs of any university in any manner or the form. In this context, the legislature has taken note of ‘any’ person or member of “any” governing body by whatever designation called of “any” university to be termed as ‘public servant’ for the purposes of invoking the provisions of Act 1988. In the present case, the question for consideration is the term ‘any’ university in the broader spectrum to curb corruption in the educational institutions as referred to under Section 2(c )(xi) of Act 1988 and the legislature in its wisdom has referred to the word “any university” which clearly mandates the university referred to and controlled by its statutory mechanism referred to under Section 2(f) and deemed to be university under Section 3 of the UGC Act. Appeal allowed.
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