Define the meaning of Public Officer under the Code of Civil Procedure 1908? Who are or are not held to be Public Officers ?

 

Public Officer [Section 2(17)]

According to the definition, “Public Officer” means a person falling under any of the following descriptions, namely:-

a. every judge;

b. every member of an All India Service;

c. every commissioned or gazetted officer in the military, naval or air forces of the Union while serving under the Government;

d. every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take execute any judicial process, or to administer any oath, in the court and every person especially authorized by a Court of Justice to perform any of such duties;

e. every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

f. every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offender to justice or to protect the public health, safety or conveniences;

g. every officer whose duty it is, as such officer to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter, affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government or to prevent of any law for the protection of the pecuniary interests of the Government; or

h. every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty.

 

                                                    Comments

·        If any person who is not an officer of the Court but has been especially authorised by a Court to perform any of the duties given to the officers of the Court under clause (d) of Section 2(17), shall also be a “Public Officer” within the meaning of Section 2(17).

·        The commissioned or gazetted officers of military, naval or air forces shall be considered to be public officers till the tie they are serving under the Government. After that, such officers shall cease to be public officers.

·        A person may be a public servant without being a public officer.

·        Some of the officers who have been held by the High Courts and Supreme Court to be public officers are:

a. Judge of a High Court;

b. Minister of a State;

c. Receiver appointed by a Civil Court;

d. Official Assignee;

e. An officer in Indian Army;

f. Administrator General;

g. An Inspector of Police;

h. Official Trustee;

i. Official Liquidator;

j. A Village Headman;

k. A custodian of Evacuee Property;

l. An Advocate engaged by the Government on day fees etc. is also public officer.

* Some of the persons who have been held not to be public officers are:

a. Municipal Councilor;

b. A retired Government Servant;

c. Chairman of Municipality;

d. Officer of an Insurance Company or of a Corporation;

e. Sarpanch of a Panchayat;

f. Liquidator appointed by Registrar of a Co-operative Societies. Etc.