Question

Mark the best option:
Principle:

1. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished.
2. Any officer serving in the Indian Forest Service (IFS) is barred from trading in timber.

Facts: Surya, an IFS officer was appointed as Assistant Conservator of Forests of the district of MP. After serving for a few years she came to know that his father owned a plot of land dotted with a good number of trees adjoining the highway and adjacent to an industrial complex in the same district. Surya wanted to sell this plot of land so he got the trees on the plot cut and decided to sell the timber thus obtained. While he was negotiating the price of timber with few interested parties; the police appeared on the scene and arrested him based on the information given by one of Surya's seniors.

What will be Surya's liability?

विकल्प

• Surya indulged in the trade of selling timber so he is guilty.

• Surya's father, being the owner, and not Surya should have sold the timber.

• Surya is not guilty, as the transaction was a single one.

• Surya took unfair advantage of his official position in selling the timber.

Answer 1

Surya took unfair advantage of his official position in selling the timber.
As per the legal principle, Surya's conduct is in clear violation of the powers and privileges associated with his official position.