Which of the following is/are included in the term "public servant" under the Prevention of Corruption Act, 1988?
1. A judge
2. An arbitrator appointed by the court
3. Assistant Professor of a University
Select the correct answer using the code given below:

Correct option is D

The correct answer is (d) 1, 2 and 3.

Explanation

The Prevention of Corruption Act (PCA), 1988, employs a very broad and "purposive" definition of the term "public servant" under Section 2(c). Unlike the Indian Penal Code (IPC), which had a narrower scope, the PCA focuses on the nature of the duty (public duty) rather than just the employer.

• Statement 1 is correct: Section 2(c)(iv) explicitly includes any Judge, including any person empowered by law to discharge any adjudicatory functions.

• Statement 2 is correct: Section 2(c)(vi) includes any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by any other competent public authority.

• Statement 3 is correct: Section 2(c)(xi) includes any Vice-Chancellor, professor, reader, lecturer, or any other teacher or employee of any University. The Supreme Court (in cases like Mansukhbhai Kanjibhai Shah v. State of Gujarat) has further clarified that this includes staff of Deemed Universities as well, because they perform the public duty of imparting education.

Information Booster:

The core philosophy of the PCA 1988 is that anyone performing a "Public Duty"—defined as a duty in which the State, the public, or the community at large has an interest—should be held accountable under anti-corruption laws.

Key categories included under Section 2(c):

1. Government Employees: Anyone in the service or pay of the Government.

2. Local Authorities: Employees of Municipalities, Panchayats, etc.

3. PSUs & Corporations: Employees of bodies owned, controlled, or aided by the Government.

4. Electoral Officers: Anyone authorized to conduct elections or maintain electoral rolls.

5. Service Commissions: Chairmen and members of UPSC, State PSCs, etc.

6. Co-operative Societies: Office-bearers of societies receiving financial aid from the government.