Facts: Nandkishor Gawarkar, proprietor of a private security agency, was accused of demanding ₹25,000 from a complainant for a job as a "Sweeper." The Anti-Corruption Bureau conducted a raid, and Gawarkar was found accepting ₹35,000. An FIR was registered against him under Section 7 of the Prevention of Corruption Act, 1988. Gawarkar sought quashing of the FIR, arguing he was not a "public servant" as defined under Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 2 of the Prevention of Corruption Act (P.C. Act) because he worked on a contractual basis.
Procedural Posture: This is a criminal application before the Nagpur Bench of the Bombay High Court seeking the quashing of an FIR. The application was heard and admitted by consent.
Issue: Is the applicant, who provides contractual services to government and semi-government organizations, a "public servant" within the meaning of Section 2(28) of the BNS, 2023 and Section 2 of the Prevention of Corruption Act, 1988, thereby making him liable under Section 7 of the P.C. Act?
Holding: No, the applicant is not a "public servant" in this context, and the FIR is quashed.
Reasoning: The Court considered the definition of "public servant" under Section 2(28) of the BNS, 2023 and Section 2(c) of the P.C. Act, 1988. It analyzed various Supreme Court judgments, including Union Public Service Commission vs. Girish Jayantilal Vaghela, State of Gujarat vs. Mansukhbhai Kanjibhai Shah, and Aman Bhatia vs. State (GNCT of Delhi), to determine the scope of the term "public servant." The Court emphasized that the focus should be on the nature of the duty performed (i.e., public duty) rather than the position held. It noted that the applicant provided contractual services and was not discharging a public duty within the meaning of the Act. The court stated, "by no stretch of imagination, it can be said that the applicant is a 'public servant' and was discharging public duty." Therefore, the provisions of the P.C. Act were deemed inapplicable, and the FIR was quashed.