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Section 32: Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 31 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 enacts a statutory deeming fiction declaring the Chairperson, Presiding Officer, Recovery Officer, and all staff of the DRT and DRAT to be public servants within the meaning of Section 21 of the Indian Penal Code.

  • Statutory Deeming as Public Servants: Section 32 explicitly commands that the Presiding Officer, the Chairperson, the Recovery Officer, and other officers and employees of an Appellate Tribunal and a Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and the Bharatiya Nyaya Sanhita, 2023.
  • Anti-Corruption Law Applicability: By virtue of their classification as public servants under Section 32, all officers and employees of DRTs and DRATs are subject to the penal provisions of the Prevention of Corruption Act, 1988 in respect of bribery, misconduct, or abuse of position.
  • Protective Public Law Status: Simultaneously confers the protections and evidentiary immunities accorded to public servants performing sovereign adjudicatory duties under the Indian Penal Code and Code of Criminal Procedure.
Key Landmark Precedents:
  • Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275: The Supreme Court observed that the status of tribunal officers as public servants under Section 32 reinforces institutional integrity, probity, and accountability in discharging high-value commercial debt recovery functions.
  • State of Maharashtra v. Laljit Rajshi Shah (2000) 4 SCC 640: The Supreme Court held that statutory deeming fictions categorizing functionaries as public servants under Section 21 of the IPC must be strictly given effect to within the operational parameters intended by the legislature.
Courtroom Practice & Strategic Litigation Guidance:

In institutional recovery matters involving allegations of corrupt collusion between court staff/recovery officers and defaulting debtors (e.g., suppression of auction bids or unauthorized de-freezing of accounts), invoke Section 32 in conjunction with the Prevention of Corruption Act, 1988 to initiate vigilance references and criminal proceedings against delinquent tribunal functionaries.

Section 31 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 33