KMF employee is 'public servant', can be tried under Prevention of Corruption Act: Karnataka HC
Bengaluru, Aug 11: The Karnataka High Court has ruled that those under the employment of Karnataka Milk Federation (KMF) are 'public servants' and therefore can be tried under the Prevention of Corruption Act.
Justice M Nagaprasanna passed the judgement in a case where a former general manager of Nandini Milk Products (a unit of KMF) had challenged the Anti-Corruption Bureau (ACB) action against him for amassing disproportionate assets.
The HC said the petitioner being a General Manager undoubtedly performs public duty and the government obligations of such public duty was transferred to the Federation, when the Federation was created, and therefore, the inescapable conclusion would be that the petitioner would be a public servant within the meaning of Section 2(c) of the Act.
The case was registered against V Krishna Reddy under the Act in 2021 and is pending before the Principal District and Sessions Judge at Chikkaballapura. He had joined KMF as a technical officer in 1997 and reached the post of general manager.
An ACB probe found he had disproportionate assets to the tune of 107.70 per cent. He had approached the HC which had granted a stay on the proceedings on March nine, 2022.
The figures shown in the assets and liabilities statement run to several crores. The aforesaid facts are a matter of record though they are figures prima facie, the HC said.
The HC held it does not matter how much percentage of share the Government holds in an entity. But even if a 'sprinkling aid' is provided it would be sufficient to bring an employee with the definition of 'public servant.'
If the petitioner is a public servant under the Act, the registration of crime against him for offence punishable under Section 13(1)(b) of the Act, cannot be found fault with as it cannot be said, that it is, dehors jurisdiction, the Court said dismissing Reddy's petition.
Commenting on corruption in public life, the HC said in the judgement, It is beyond any cavil of doubt that corruption has percolated to every nook and corner of public life in the country and has become an issue in all walks of life posing a grave danger to the concept of constitutional governance; corruption emerges in various hues and forms and is therefore, unfathomable.
Citing the Supreme Court verdict in the 'Mansukhbhai Kanjibhai Shah' case, the HC said, Zero tolerance towards corruption should be the top-notch priority for ensuring system based and driven, transparent and responsive governance. Corruption cannot be annihilated but strategically be dwindled by reducing monopoly and enabling transparency in decision-making.
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Nashik TCS case: Accused Nida Khan held in Chhatrapati Sambhajinagar
Nashik (PTI): Weeks after she went into hiding, a female employee of the TCS unit in Nashik, accused in a case related to alleged religious conversion and sexual harassment of some women colleagues, has been arrested, police said.
Nida Khan was held on Thursday in Chhatrapati Sambhajinagar, Nashik Police Commissioner Sandeep Karnik said.
Khan is an accused in the Deolali Camp police station crime register number 156/26 here, he said.
A Special Investigation Team (SIT) of the Nashik police is probing nine cases of molestation and harassment at the IT major’s Nashik unit.
It had arrested eight persons, including a female operations manager, by registering nine FIRs after allegations of exploitation, attempt of forceful conversion, hurting religious sentiments, molestation and mental harassment of female employees at the TCS unit came to light.
The SIT had launched a search for Khan in different parts of Maharashtra. She is accused of targeting employees in a WhatsApp group, pressuring them to pray and eat non-vegetarian food.
According to the FIR, Khan allegedly advised women employees to dress and behave in accordance with Islamic traditions.
Some complainants have also alleged that they were coerced or pressured into adopting religious practices, including praying, changing dietary habits, and adopting religious symbols.
Besides Bharatiya Nyaya Sanhita (BNS) provisions for sexual harassment and defamation, Khan has also been booked under relevant sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as the complainant belongs to a Scheduled Caste.
On April 18, she had moved the Nashik court seeking anticipatory bail and interim protection from arrest pending the plea hearing, citing her pregnancy. Her anticipatory bail plea was rejected by a court here on May 2.
TCS has clarified that it has adopted a zero-tolerance policy towards harassment and coercion of any form for a long time, and the employees allegedly involved in sexual harassment at the Nashik office have been suspended.
