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2016 (11) TMI 1738 - SUPREME COURTPublic Servant or not - Respondent who was appointed as licenced surveyor Under Section 18A of the Karnataka Land Revenue Act, 1964 - Prevention of Corruption Act, 1988 - difference of opinion expressed by the different Benches of the High Court and, therefore, the matter was referred to the larger Bench - Division Bench in [2011 (11) TMI 872 - KARNATAKA HIGH COURT] resolved the issue by holding that such a licenced surveyor would be treated as a 'public servant' as defined Under Section 2(c) of the Prevention of Corruption Act, 1988. HELD THAT:- Such a licensed surveyor is to be treated as public servant. For this purpose, the view taken by the Division Bench is agreed upon. It is mentioned that different Single Judge Benches of the Karnataka High Court had conflicting views and, for this reason, the matter was referred to the Division Bench which has been answered, by the judgment [2011 (11) TMI 872 - KARNATAKA HIGH COURT] holding licensed surveyor to be a public servant Under Section 2(c) of the Prevention of Corruption Act. For this purpose, the High Court, after taking note of the provisions of Section 128 and 131 of the Act, came to the conclusion that these surveyors discharge statutory duty of preparing survey sketches. Such a function was earlier performed by the surveyors of the Survey Department appointed by the State Government. As these Government surveyors were over-burdened with the work, Karnataka Land Revenue Act was amended by inserting Section 18A therein and the work was assigned to these licensed surveyors. All the activities of the licensed surveyors relating to discharging of statutory duties are controlled by the Survey Department of the State Government. This legal position is curled out from Rule 46-A to 46-K of the Karnataka Land Revenue Rules, read conjointly with Sections 18-A, 128 and 131 of the Act. The aforesaid facts and legal position unambiguously leads to the conclusion that these licensed surveyors are different from those private surveyors who have no license from the State Government. Once survey report is prepared by these persons, the same is duly acted upon, on the basis of which Government functionaries take further action. It is, thus, statutory work of preparing survey sketches which is bestowed upon these licensed surveyors and thus, they are performing statutory duty/public functions. Obviously, in the duties that are to be discharged by these public surveyors, the State or the public has interest therein. It is more so, when these public surveyors are bound by the terms of their office as licensed surveyors, viz., the terms on which they are given license by the Government. Appeal dismissed.
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