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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India cancel intra-squad match to prioritise net practice ahead of Border-Gavaskar Trophy
New Delhi (PTI): India have decided to cancel a planned three-day intra-squad match with the 'A' side during the upcoming Test tour of Australia as the team management wants to focus on additional net practice to prepare for the marquee five-match showdown starting November 22 in Perth.
India were scheduled to begin their tour of Australia with a closed-door warm-up match against the Ruturaj Gaikwad-led India A at the WACA in Perth from November 15 to 17. India A are currently in Australia for an unofficial Test series.
However, PTI has learnt that head coach Gautam Gambhir and some senior players want more time in the nets instead.
Rohit Sharma and his men will head to Australia after a shocking home series loss to New Zealand. Vying for a third straight Test series victory in Australia, the tourists will face added pressure, as a place in the World Test Championship final is also at stake.
It is understood that since the bounce of the WACA centre strip resembles that of the Perth Stadium track, all top order batters would prefer more time in the middle.
An intra squad match might not work in that scenario as if a batter gets out cheaply, then he might not immediately get a chance to bat again on the centre strip.
This marks a change from India's last two tours of Australia when the side played practice games ahead of the main series.
In the lead-up to the 2018-19 series, the 'Men in Blue' played a four-day match against Cricket Australia XI. For the 2020-21 tour, they started the red-ball leg with a three-day game against Australia A.
India A and the senior team played an intra-squad match in Johannesburg prior to the first Test against South Africa in Centurion on Boxing Day last year.
Despite the match, the Indian batting came short in the Test. It's not known whether the outcome of this experiment influenced their decision-making for the Australia series.
