For working at office on SUNDAY ; SOME public servant takes money from clients.Is it BRIBE?see details(India)

Question

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?

Answer 1

A public servant is not a public servant 10 A.M. to 5 P.M. , Monday to Friday only he is public servant 24 hours a day 365 days a year till he is in the service (till neither retired nor dismissed from the service). Section 7 of the Prevention of Corruption Act1988 clearly provides Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favor or disfavor to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in Clause (c) of Section 2, or with any public servant, whether named or otherwise shall, be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. In your case such a public servant who charges Rs50/- each for opening the office on Sunday or holiday & doing extra work on such a day clearly covered under this provision of the said Act & he shall be liable for taking bribery & punishable under this provision itself.

Answer 2

Public service if performed on a Sunday does not mean that the officer or employee can impose or receive fees from people. Under the law, people are not obliged to pay public servants for their services because the government is paying them their salaries.

Answer 3

there is no reason that public servants artwork except receiving charge on any day. however the human beings who asked the standard public servant to artwork on Sunday have no reason to pay him as a results of fact pay to public servant must be paid from the tax gathered from citizen. the standard public servant ought to have won pay from the 'public company' what he belongs to, as a results of fact he's a 'public' servant. Receiving money from such human beings could properly be concept as bribe that leads society to corruption no longer in elementary terms in India yet in addition any u . s . interior the international, i think of. You stated that "he replaced into no longer guaranteed to attain this", that cannot be any reason that he ought to get money at as quickly as from the human beings. His senior officers gave him permission to artwork on Sunday, which ability ' he works in public, no longer in inner maximum' and that they ought to take all of accountability suitable to to his artwork alongside with ' the allowance for his better artwork on Sunday'. besides, pay to public servants ought to come from the gross revenues.