Code of Civil Procedure, 1908

Civil Law

Code of Civil Procedure, 1908

Section 2 (17) “public officer” means a person falling under any of the following descriptions, namely:-

  • Every Judge;
  • Every Member of 5 [an All India Service];
  • Every commissioned or gazetted officer in the military 6[naval or air] forces of 7 [the Union] 8[***] while serving under the Government;
  • 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 charge of or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a Court of Justice to perform any of such duties;
  • Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
  • Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
  • 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 the infraction of any law for the protection of the pecuniary interests of the Government; and
  • Every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;

1990 0 AIR (SC) 648

  1. The word service in Section 2 (17) (h) of the Code of Civil Procedure must necessarily mean something more than being merely subject to the orders of the Government or control of the Government. To serve means “to perform function; do what is required for”. The Commissioner appointed by the Government performs the functions as envisaged in the Act and the scheme there under. When he is actually acting in the capacity of Provident Fund Commissioner, he does not cease to be an officer in the service of the Government.

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