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PETITIONER: G. A. MONTERIO
Vs.
RESPONDENT: THE STATE OF AJMER.
DATE OF JUDGMENT: 21/09/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER MENON, P. GOVINDA
CITATION: 1957 AIR 13 1956 SCR 682
ACT: "Officer"-Tests to determine who is an ’officer’-Metal examiner, called chaser, in Railway Carriage workshop- Whether officer Indian Penal Code (Act XLV of 1860), s. 21(9)-Prevention of Corruption Act (II of 1947), s. 2.
HEADNOTE: The appellant was a Class III servant employed as a metal examiner, also called chaser, in the Railway Carriage Workshop at Ajmer. He accepted a sum of Rs. 150 as illegal gratification for securing a job for some person. He was charged under s. 5(1)(d) of the Prevention of Corruption Act, 1947 (Act II of 1947). The appellant contended that he was not an "officer" within the meaning of the term used in s. 21(9) of the Indian Penal Code and so could not be a public servant for purposes of Act II of 1947. It was found that the appellant was working under the Works Manager who was certainly an officer of the Government and the duties which he performed were immediately auxiliary to those of the Works Manager who was also armed with some authority or representative character qua the Government. Held, that the appellant was an officer within the meaning of s. 21(9) of the Indian P...