HARISH SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ appeal has been preferred against an order dated 17.09.2008 passed in W.P. No.4308/08 by the learned Single Judge of this Court holding thereby that Lokayukta has jurisdiction to enquire the cases against the petitioner/appellant under the provisions of Prevention of Corruption Act, 1988.

(2.) SHORT facts involved herein are the appellants is working as Tahsil Co-ordinator [Tahsil Sanyojak] in Gram Raksha Samiti, Gwalior. On receipt of complaint against him, Lokayukta set up a preliminary enquiry at case no.4/2008 on 09.07.08 An FIR at Crime No.23/2008 has been registered against the petitioner/appellant under Sections 13 (1) (e) and 13(2) of the prevention of Corruption Act, 1988. W.P. No.4308/08 was submitted on the ground that the petitioner is not a public servant and this being so, Lokayukta has no jurisdiction to hold enquiry against him. Accordingly, enquiry proceedings and consequent FIR stand vitiated.

(3.) IT is contended by the learned counsel for the appellant that the petitioner is member of Gram Raksha Samiti which is a voluntary organization. He does not perform duty either under M.P. Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 or M.P. Gram Tatha Nagar Raksha Samiti Rules, 2003 [for brevity Adhiniyam, 1999 and Rules 2003]. Moreover, in view of the decision of M.P. State Administrative Tribunal dated 03.09.1999 in T.A. No.2754/88, the petitioner/appellant cannot be treated as public servant. According to learned counsel for the appellant, Gram Raksha Samiti [hereinafter referred to VDS] was created under the executive instructions and there are no stautory rules governing the service conditions. Executive instructions were also not issued in exercise of statutory powers, This being so, the petitioner is not and cannot be treated as public servant. To buttress the submission, reliance has been placed on the decision of the Apex Court in the cases of S.S. Dhanoa Vs. Municipal Corporation, Delhi and others, [(1981) 3 SCC 431], Dr. S.L. Agarwal Vs. The General Manager, Hindustan Steel Ltd. [(1970) 1 SCC 177], R.S. Nayak Vs. A.R. Antulay [(1984) 2 SCC 183], The State of Gujarat Vs. S.H. Manshankar Prabhashankar Dwivedi [(1972) 2 SCC 392] and Institution of A.P. Lokayukta/UpaLokayukta, A.P. and others Vs. T. Rama Subha Reddy and another [(1997) 9 SCC 42].