Question
A public servant transferred funds from government
account to a private account after being promised a share of the profits. The funds were later returned but the servant retained the promised commission. Under PCA, which statements are correct? Statement 1: Taking gratification for misappropriating public funds is a PCA offence. Statement 2: Retention of commission after return of funds exempts the servant from prosecution. Statement 3: Both gratification and misappropriation constitute separate offences. Statement 4: The servant can claim defense if the misappropriation was in company interest. Which statements are correct?Solution
Taking gratification for misconduct is offence—Statement 1 is correct. Retention of benefits despite return of funds doesn't exempt—Statement 2 is incorrect. Gratification and misappropriation are distinct offences—Statement 3 is correct. Company interest doesn't exempt from PCA—Statement 4 is incorrect. Statements 1 and 3 are correct.
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