Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988: s. 2(c) - Respondent worked in Osmanabad Janata Sehkari Bank Ltd. - While he was in service notice was issued by Anti Corruption Bureau requiring him to give details of the properties acquired by him - Respondent replied that the provisions of 1988 Act were not applicable to him - High Gou. t quashed the notices accepting the plea of respondent that there was no control of the State Government or the Central Government or any other authority on the functioning |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988: s. 2(c) - Respondentworked in Osmanabad Janata Sehkari Bank Ltd. - While hewas in service, notice was issued by Anti Corruption Bureaurequiring him to give details of the properties acquired byhim - Respondent replied that the provisions of 1988 Actwere not applicable to him - High court quashed the noticesaccepting the plea of respondent that there was no control ofthe State Government or the Central Government or any otherauthority on the functioning of the bank and therefore he couldnot be termed as a public servant as defined under 1988 Act- Whether respondent be treated as a public servant under the purview of 1988 Act - Held: Any grant or any aid at thetime of establishment of the society or in any construction orin any structural concept or any aspect would be aid - HighCourt was swayed by the concept of Article 12 of theConstitution, the provisions contained in 1949 Act to holdthat multi-state society is not controlled or aided by theGovernment- In the facts of the case, it is left to be dealt within the course of trial whether the society concerned was everbeen granted any kind of aid or not - Impugned order setaside and issue whether the respondent is a public servant or not to be gone into during the trial - Constitution of India,1950-Art. 12 - Banking Regulations Act, 1949 - Multi-StateCooperative Societies Act, 2002. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1043 |
Petitioner | State Of Maharashtra & Ors. |
Respondent | Brijlal Sadasukh Modani |
SCR | [2015] 10 S.C.R. 1158 |
Judgement Date | 2015-12-15 |
Case Number | 1329 |
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