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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, Jobin Sebastian
Harish V., S/O.V.N.Vasudevan Namboodiri – Appellant
Versus
T.C.Mathew Former Honorary Secretary, Kerala Cricket Association – Respondent
| Table of Content |
|---|
| 1. definition and scope of public servants under pc act. (Para 2 , 3 , 4) |
| 2. judgment finds kca not exercising public duty. (Para 5) |
| 3. arguments regarding kca's status under pc act. (Para 6 , 7) |
| 4. public duties linked to accountability under pc act. (Para 9 , 12 , 15) |
| 5. kca's amenability to judicial review under article 226. (Para 10 , 11 , 16) |
| 6. legitimacy of public duty and definitions under the pc act. (Para 14 , 18) |
JUDGMENT :
The vexed question that we are called upon to answer in these writ appeals is, whether the office bearers of the Kerala Cricket Association, a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act , affiliated to, and functioning under the administrative control of, the Board for Control of Cricket in India [BCCI], can be treated as “public servants” for the purposes of the Prevention of Corruption Act , 1988 ?
2. The Prevention of Corruption Act , 1988 [hereinafter referred to as the “PC Act”] is a social welfare legislation that was enacted with the aim of removing corruption from public service. At the time of its enactment, it replaced the earlier legislative regime constituted by the provisions o
The court ruled that the office bearers of a private cricket association may be considered 'public servants' under the Prevention of Corruption Act if they perform public duties, emphasizing the acco....
Point of law :Prevention of corruption -Good laws alone would be not sufficient to make our country corruption free, hut there has to be effective enforcement of the same and efforts should be toward....
Golden rule of interpretation for any penal legislation is to interpret same strictly, unless any constitutional considerations are involved, and in cases of ambiguity, benefit of same should enure i....
The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and....
(1) Employee of a co-operative society which is controlled or aided by Government is covered within comprehensive definition of word ‘public servant’ as defined under P.C. Act.(2) A public servant ne....
The court ruled that prior approval under Section 17A of the Prevention of Corruption Act is not required for investigating allegations of corruption in educational institutions, emphasizing the defi....
Exoneration in departmental proceedings does not prevent criminal prosecution under the Prevention of Corruption Act if the charges involve higher proof standards; 'public servant' includes cooperati....
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