Advice in case private company employee u/s 7 of PC act.
16-Nov-2023 (In Criminal Law)
One of my friend has been caught and charged under Sec 7 of PC act but he say he not a public servant. He works with a housing finance co. His point is that 1. His company is listed company 2. Govt. is not holding any share in this 3. PSU bank is holding 30.7% in his company 4. He doesnt fit to be a public servant as per section 2 of PC act
Dear Querist as explained by you when the government is not having stake in the housing company it cannot be termed as government agency thereby your friend is not a public servant under the Prevention of corruption act. At the first instance he should secure bail and then proceed with the matter taking appropriate defence. It is advisable to have a detailed discussion of your case. Thanks & Regards.
Your friend is very well covered under PC Act as he is an employee of an entity in which PSU holds its 30.7% share and court takes it as an aid provided by the government to a company as PSU are the Public Sector Banks in which more than 50% share are invested by the government which inturn automatically covered under section 2 of PC act.
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