GOVT. OF ANDHRA PRADESH AND ORS. ETC. ETC. versus P. VENKU REDDY

Citation: [2002] SUPP. 2 S.C.R. 538 · Decided: 23-09-2002 · Supreme Court of India · Bench: M.B. SHAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
GOVT. OF ANDHRA PRADESH AND ORS. ETC. ETC. 
v. 
P. VENKU REDDY 
SEPTEMBER 23, 2002 
B 
[M.B. SHAH AND D.M. DHARMADHIKARI, JJ.] 
Pr~vention of Corruption Act, 1988 : 
Ss.2(c)(iii) and (ix)-Public servant-Supervisor in District Co-
C operative Bank-Criminal case against under provisions of the Act-Quashed 
by High court in proceedings uls.482 Cr.P.C. holding that employee is not 
a 'public servant' as defined in sub-clause (ix) o,fclause (c) ofs.2-Held, in 
the expansive definition of 'public serva111' in sub-clause (ix) of Clause (c) 
elected office bearers with President and Secretary of a registered co-operative 
D society concerned are included although such office bearers are not servants 
in employment thereof-But employees or servants of a co-operative society 
which is.controlled or aided by the Government are covered by sub-clause 
(iii) of Clause (c) of s.2-Respondent employee is covered within the 
comprehensive definition of 'public servan/' under s.2 (c) (iii)-/n construing 
definition of 'public servant' in clause (c) of s.2 court is required to adopt 
E a purpo5ive approach as would give effect 10 the intention of legislature~ 
in that view Statement of Objec1s and Reasons contained in the· Bill leading 
to the passing of the Act can be taken assistance of-Order of High Court 
set aside-Third court would proceed wilh the trial of the case againsl 1he 
respondent-:-lnterpretation of Sta1utes-/111ention of legislature. 
F 
State of Maharashtra and Anr. v. Prabhakarrao and Anr .. J.T. (2002) 
Suppl. I SC Sand State of Madhya Pradesh v. Shri Ram Singh, AIR (2000) 
SC 873, relied on. 
Siate of Maharashtra v. laljit Rajshi Shah and Ors., 120021 SCC 699, 
G distinguished. 
H 
State of Gujarat and Anr. v. Pale/ Ramjibhai Danabhai and Ors. e/c. 
elc., p 9791 3 SCC 347 and Alaharashlra Slale Board of Secondary and 
Higher Secondary Education and Anr. v. Paritosh Bhupeshkumar Sheth and 
Ors .. 1198414 SCC 27, cited. 
538 
... 
GOVT. OF A.P. v. P. VENKU REDDY (DHARMADHIKARI, J.] 
539 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 997 A 
of2002. 
From the Judgment and Order dated 26.9.2001 of the High Court of 
Andhra Pradesh in WA No. 1163/2001. 
WITH 
Crl. A. 998/2002@SLP (Crl.) No. 1166/2002. 
Ms. K. Amareshwari, Guntur Prabhakar, S. Udaya Kumar Sagar, Ms. 
Bina Madhavan, Prasanth and Ms. Meera C.R. for Mis. Lawyer's Knit & Co. 
B 
for the Appellant. 
C 
L. Nageshwara Rao and D. Mahesh Babu, for the Respondent. 
The following Order of the Court was delivered : 
DHARMADHIKARI, J. Special Leave to appeal is granted. 
The learned counsel appearing for the parties are heard finally on merits 
of the case. 
D 
Government of Andhra Pradesh and District Co-operative Central Bank 
Limited, Nellore, through its. Gener.al Manager, have preferred this appeal E 
challe!}ging the Order dated 26.9.2001 of the Division Bench of High Court 
of Aridhra Pradesh whereby criminal case instituted against the respondent/ 
accused, who was working as Supervisor in the District Co-coperative Central 
Bank Limited, Nellore, for alleged offence. of accepting bribe punishable under 
provisions of the Prevention of Corruption Act, 1988 [for short 'the 1988 Act'] 
has been quashed in proceedings under Section 482 of Criminal Procedure F 
Code [for short 'Cr.P.C.] 
The High Court by the impugned Order quashed the criminal case 
pending against the respondent no. I under the 1988 Act on the sole ground 
that the accused is not a 'public servant' as defined in Sub-clause (ix) of G 
Clause (c) of Section 2 of 'the 1988 Act'. In the opinion of the High Court, 
definition contained in Sub-clause (ix) ofClause°(c) of Section 2 of 'the 1988 
Act' covers only President, Secretary and other office bearers of a registered 
·co-operative society engaged amongst other businesses in banking. Section 
2 of the 1988 Act with relevant Clause (C) and Sub-clauses (iii) and (ix) read 
as under : 
H 
540 
SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R. 
A 
"2. Definition.-ln this Act, unless the context otherwise requires,-
B 
c 
D 
(a) 
(b) 
.............. .. 
(c) 
"public Servant" means, -
(iii) any person in the service or pay of a corporation established 
by or under a Central, Provincial or State Act, or an authority 
or a body owned or controlled or aided by the Government or 
a Government company as defined in section 617 of th.e 
Companies Act, 1956 (I of 1956); 
(ix) any person who is the President, Secretary or other office-
bearer of a registere
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