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Can officers of CAPF be dealt under prevention of corruption act


02-Feb-2023 (In Criminal Law)
can an officer of CAPF or Defence forces be dealt under PCA section 13 C for employing a jawan for household duties at his residence without any record of his presence at his residence officially.
Answers (3)

Answer #1
755 votes
1st There is difference between Duty at his house or office and Duty for his residence personal work.

Duty of jawan at his house and office is possible according to his work.Like 24 hour driver facility for officer, security guards for officer,

But duty to his house for personal work is not possible. Even the driver can drive the car when the officer is in the car. If officer family is using govt. Car for personal work tjat is illegal.
Answer #2
559 votes
Prima facie the matter seems to be falling under the said act however such matter also falls under writ jurisdiction and breach of fiduciary relations as laid down under the contract act. However a more appropriate legal advice can only rendered upon furnishing of the complete details of the said matter
Answer #3
957 votes
Any public servant can be booked under the Prevention of Corruption of Act if he commits an offence under the Act. Deputing a subordinate Jawan may not be an offence under the Prevention of Corruption of Act.

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