Official Text
“Whoever, being a public servant, appoints or causes to be appointed any person to any office in violation of rules or procedures, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Appointing person to office.
- In violation of rules or procedures.
Potential Defenses:
- Not a public servant.
- No violation of rules.
- Authorized exception.
Practical Examples
What Constitutes the Offense:
Government officials appointing unqualified persons, public servants bypassing selection procedures, officials making irregular appointments.
What Doesn't Constitute:
Emergency appointments, authorized exceptions, or lawful appointments.
Punishment
Imprisonment up to 2 years, or Fine, or both