For working at office on SUNDAY ; SOME public servant takes money from clients.Is it BRIBE?see details(India)
On the request of few people, for some urgent work ,SOME public servant takes permission from senior officers to open his office on coming Sunday or Holiday.
This public servant chooses to help those people ,by working on sunday ,on their request ;Though he was not officially bound to do so.
So this public servant takes 50 rupees per head for such extra working on sunday or holiday from those people.
In India will it be called taking & giving BRIBE in such incident?
Answers:
Yes. Working on a declared holiday or before or after the scheduled working hours on any day, with or without overtime allowance (if eligible), for completion of pending/urgent work/ in the spirit of public service, is still performance of official duty by a public servant. Permission orotherwise from the competent authority, is a matter between the public servant and the department as the employer, as per the departmental rules and is not a matter for any outsider to comment upon.
There are two facts:
(1) Performance of official work.
(2) Acceptance of money from those receiving the benefit of official work, so performed, not amounting to any fee prescribed by the department, not accounted for in the books of accounts of the department, as recovery for extra considertaion, shown by the Department, for looking after the needs of the public, and appropriating the said money for personal gains.
(The other facts are irrelevant to the question)
The act clearly amounts to illegal gratification and is prosecutable both under the Indian Penal Code and the Prevention of Corruption Act.
No, it would be graft, not bribery.
