Published on: 29 August 2023 at 12:57 IST
Court: Supreme Court
Citation: State of Chattisgarh V. Aman Kumar Singh (2023)
Honourable Supreme Court of India has held defined the Sine Qua Non for criminal misconduct under Prevention of Corruption Act
- If a Public Officer dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do.
- If a Public Officer enriches himself illicitly during the period of his office.
50. Insofar as the merits of the controversy is concerned, we must necessarily begin with a reading of the relevant provisions of the P.C. Act. “Public servant” is defined in section 2(c). It is not disputed that AS as well as YS is comprehended within such meaning.
Section 13(1) of the P.C. Act defines “criminal misconduct”. A public servant is said to commit the offence of criminal misconduct if
(a) he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do, or
(b) he intentionally enriches himself illicitly during the period of his office. Thus, intentional enrichment illicitly by a public servant during the period of his office is a criminal misconduct.
To attract this provision, the officer sought to be proceeded against must be a public servant. He must be found to be in possession of, by himself, or through any person on his behalf, at any time during the period of his office, pecuniary resources or property disproportionate to his known sources of income. If he is unable to satisfactorily account for the same, he shall be liable to be proceeded against for having committed criminal misconduct and suitably punished and fined if the charge is proved for such period, as provided in sub-section (2).
Undoubtedly, this is a presumptive finding but that finding is based on three facts, viz. being a (i) public servant,
(ii) if at any time during the period of his office, he has been in possession, by himself or through any person on his behalf, of pecuniary resources or property disproportionate to his known sources of income, then
(iii) he is enjoined to satisfactorily account for the same.
The offence of criminal misconduct is committed by a public servant if (ii) is proved and (iii) does not happen. Therefore, if a prosecution is launched under sub-section (1) of section 13 of the P.C. Act and the allegation is proved at the trial, the concerned public servant is liable to punishment under sub-section (2) thereof.
Drafted By Abhijit Mishra
