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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Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
