- (1.) Leave granted.
(2.) The respondent who was, at the relevant point of time, working as 'Assistant Manager' in the National Cooperative Consumers Federation of India Limited, Jabalpur ("the NCCF" for short) was named in an FIR alleging commission of offences under the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act, 1988). A charge-sheet was submitted after completion of investigation. At the stage of framing of charges, however, the learned trial Court discharged the respondent accused on the ground that the NCCF is not a State within the meaning of Article 12 of the Constitution of India and, therefore, is not a public servant under the P.C. Act, 1988. The said order has been affirmed in revision by the High Court by the impugned order giving rise to the present appeal.
(3.) The NCCF is a Multi-State Cooperative Society under the Multi-State Cooperative Societies Act, 2002 (hereinafter referred to as "the Cooperative Societies Act, 2002"). Under Section 3(r) of the Cooperative Societies Act, 2002, a multi-State Cooperative Society specified in the Second Schedule thereto is treated as a "national cooperative society". In the Second Schedule to the Cooperative Societies Act, 2002, the NCCF is specifically included against serial No.5 of the list of multi-State Cooperative Societies treated as "national cooperative society".;