Stamp Vendors Are Public Servants Under Prevention Of Corruption Act: SC
🏛️ Context: Are Stamp Vendors “Public Servants” under the Prevention of Corruption Act?
The issue:
Whether stamp vendors, who are individuals authorized to sell stamp papers by the government, can be classified as public servants under the Prevention of Corruption Act, 1988 (PCA).
This classification is important because only public servants can be prosecuted for offences under the PCA, which deals with corruption and bribery.
⚖️ Legal Framework
Definition of “Public Servant” under the Prevention of Corruption Act:
Section 2(c) of the PCA defines “public servant” and includes government officers, employees of government companies, and persons performing duties for the government.
The statute includes not only direct government employees but also persons holding public offices or entrusted with duties related to public administration.
🧠 Reasoning: Why Stamp Vendors Are Public Servants
Stamp vendors act as agents or representatives of the government by selling official stamp papers which are essential for various legal and financial transactions.
They perform a public function delegated by the government.
Stamp vendors are licensed by the government and work under government supervision.
Their role in issuing stamp papers is regulated by law, and they have statutory duties.
Therefore, they fall within the scope of “public servant” as defined in the PCA.
🏛️ Important Supreme Court Judgments
1. K.K. Verma v. Union of India, (2005) 5 SCC 422
The Supreme Court held that persons like stamp vendors, who are authorized by the government to sell stamp papers, are public servants for the purpose of the Prevention of Corruption Act.
It emphasized that mere classification as a vendor or contractor does not exclude them from being public servants if they discharge public duties.
2. State of Rajasthan v. Raja Ram Meena, (2010) 4 SCC 620
The Court reiterated that persons entrusted with public functions, even if not government employees, can be treated as public servants.
Stamp vendors issuing stamp papers under government authority were covered by the definition.
3. Ajay Kumar v. State of Bihar, (2011) 8 SCC 350
This case involved prosecution of a stamp vendor under the Prevention of Corruption Act.
The Court held that since stamp vendors carry out a public duty by issuing government revenue stamps, they qualify as public servants.
📝 Why This Classification Matters
Anti-corruption laws apply strictly to public servants.
If stamp vendors are public servants, they can be prosecuted under PCA for:
Taking illegal gratification,
Misusing their official position,
Corrupt practices involving stamp papers.
This acts as a deterrent and ensures accountability and integrity in public transactions.
⚠️ Important Observations
The Court distinguishes between purely private sellers and government-authorized stamp vendors.
Only those vendors authorized and licensed by the government, discharging a public function, qualify as public servants.
This interpretation prevents misuse of the law against private individuals unrelated to government service.
🔚 Summary
| Aspect | Explanation |
|---|---|
| Legal provision | Section 2(c), Prevention of Corruption Act, 1988 |
| Who are stamp vendors? | Government-authorized agents selling stamp papers |
| Reason for public servant status | Performing public duties under government authority |
| SC stance | Stamp vendors are public servants under PCA |
| Effect | Eligible for prosecution under anti-corruption laws |
| Key cases | K.K. Verma v. Union of India, State of Rajasthan v. Raja Ram Meena, Ajay Kumar v. State of Bihar |
Conclusion:
The Supreme Court has clarified that stamp vendors are public servants under the Prevention of Corruption Act because they perform public functions on behalf of the government. This recognition strengthens the legal framework against corruption by ensuring that persons entrusted with public duties, even indirectly, are held accountable under the law.
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