There is a draconian provision, section 13(1)(D)(III) of the Prevention of Corruption Act, 1988, as one of the criminal misconduct by a public servant.

It reads, "While holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest." It could be interpreted that a public servant could be prosecuted if he has taken a decision that results in pecuniary gain to an individual without any public interest.

In today's scenario, most public servants are required to make a decision to facilitate growth. Private sector is often the key partner in most developmental endeavours. It is difficult to imagine a scenario where the key economic actors, i.e., private, public or both, that would not gain from any decision that encourages or sets in motion an economic activity........Read More

Donate to IndiaSpend

Support IndiaSpend’s award-winning investigative journalism.

Your tax-deductible contribution to IndiaSpend will help us, and other publications around the country, reveal critical stories that otherwise wouldn’t be told - stories that make a difference!