Question
A public servant accepts a festival gift from a
contractor whose file is pending before him. What is the most accurate legal position according to the PC Act?Solution
The term “undue advantage” under the PC Act includes any gratification other than legal remuneration, irrespective of its form or value. A gift given by a contractor whose matter is pending before a public servant can amount to undue advantage if it has a nexus with the official act. The Act does not recognise blanket exemptions for festival gifts or customary offerings. The decisive factor is the connection between the benefit and the performance of public duty, not the label attached to the gift.Â
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