Petitioner is before this Court seeking to quash the First Information Report filed by the Lokayukta Police in Crime No.8/2013 on 25.9.2013 under S.13(1)(e) r/w S.13(2) of the Prevention of Corruption Act, 1988 before the District & Sessions Judge, Bijapur.

2. Heard the learned counsel for the petitioner and the counsel representing the Lokayukta.

3. It appears that petitioner has been serving as Project Manager of Nirmithi Kendra Bijapur, which is said to be a private society and unconnected with Government activities. The objects of Nirmithi Kendra are to develop skills in construction area may it be private or public as assigned by way of Civil contract. The Kendra is governed by its Governing Body duly constituted as per rules and regulations framed there under. The entire control, administration and management is solely governed by the Government body of the Nirmithi Kendra – Association. The terms of appointment and service conditions are within the memorandum of Association. It is submitted that from the source of information, respondent has initiated a case against the petitioner.

4. It is the contention of the petitioner that even an IAS officer deputed to a Cooperative Society drawing his salary from Society cannot be a public servant and the provisions of Prevention of Corruption Act, does not apply. The petitioner is not a public servant within the meaning of Section 2(c) of Prevention of Corruption Act. The petitioner falls totally outside the definition of public servant and jurisdiction of Lokayukta police and there is no scope and also looking into the body of the six byelaws framed, though it is a private sector, it has to receive funds from the State Government or Central Government, no such fund has been received by the society for which the petitioner is the Project Manager. Only on the ground that the petitioner is a Project Manager, a case is registered against him.

5. The letter at annexureC1 from the Housing department of the State Government addressed to the President of the Nirmiti Kendra clearly mentions that as per the rule 20 appointment by deputation, the Nirmiti Kendra is registered under the Karnataka Societies Registration Act, 1960, it is not a Government department and also petitioner cannot be called as Government servant. Accordingly, it is contended that a false case has been initiated against the petitioner by the Lokayukta by filing a complaint before the Lokayukta police, Bijapur, alleging violation of Section 13(1) (e) r/w 13 (2) of the Prevention of Corruption Act, 1988. Hence, this petition.

6. Various Annexures produced by the petitioner do depict that except the Society is registered under the Karnataka Society Registration Act, petitioner cannot be said to be a public servant or Government servant as such, according to the petitioner, filing of the complaint and initiation of action against petitioner is without jurisdiction and also in violation of the provisions of the Karnataka Lokayukta Act as well as Prevention of Corruption of Act and the power exercised by the respondent by filing a complaint is nothing but abuse of process of law and also defamatory.

7. The learned counsel for the Lokayukta referring to S.2(c) (xii) of the Prevention of Corruption Act, 1988 which reads:

Section 2(c) (xii):: Any person who is an officebearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority.

submitted that petitioner is an office bearer of Nirmiti Kendra which is receiving or having received any financial assistance from the State Government or Central Government, as such any violation forms the basis to initiate action against the petitioner under the provisions of Prevention of Corruption Act, 1988. The learned counsel also relied upon the decision reported in AIR 2009 SC 372