IMPORTANT POINT
Although appellant shall be deemed to be a public servant under Section 73(4) of Shivaji University Act, 1974 but as no prima facie case for charges under Sections 161/477A IPC and Sections 5(2) r/w 5(1)(d) of Prevention of Corruption Act, 1947 has been made against appellant, consequently the criminal proceeding against the appellant is quashed.

JUDGMENT

Phukan, J.-Leave is granted.

2. The appellant at the relevant time was a Lecturer in Y.B. Chavan College, Kolhapur, State of Maharashtra, a college run by the Municipal Corporation and affiliated to the Shivaji University, Kolhapur. The appellant received a letter from the University inviting him to evaluate the papers in Accountancy (theory) at the B.Com. IInd Year examination, which was accepted. On 1st May, 1986, one Ashok Salokhe, who also appeared in the said examination, approached the appellant and expressed his inability to clear the above paper which was to be examined by the appellant. According to the prosecution, the appellant demanded Rs.400/- from him and on the next day, around 4.30 p.m., the appellant accepted Rs.400/- from him and thereafter scored out the previous marks given on the answer script and increased the number to enable the said student to get through the paper in question. It was the further case of the prosecution that private individuals tried to lay trap on 2nd May to prove acceptance of the amount by the appellant. The Registrar of the University on getting information of the alleged occurrence took away all the answer scripts from the appellant. After one week, i.e. on 9th May, 1986, the Deputy Registrar of the University filed a First Information Report before the police against the appellant. On the next day, the police searched the house of the appellant in his absence but nothing incriminating was found. Ten months after the above alleged occurrence, statements of Salokhe and one Sawant were recorded by police and thereafter charge sheet was filed against the appellant under Section 161/477A of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and process was issued to the appellant calling upon him to stand trial for the alleged offences. The appellant approached the High Court of Judicature of Bombay by filing a Writ Petition under Article 227 of the Constitution read with Section 482 of the Code of Criminal Procedure for quashing the charges which was disposed of with the observation that prima facie the prosecution case seemed to be resting on flimsy foundation . However, instead of quashing the charges directed the appellant to approach the trial court. Accordingly, an application under Section 227 of the Code of Criminal Procedure was filed before the Special Judge, which was dismissed. Being aggrieved by the said order, the appellant filed a Revision Petition before the High Court, which was also dismissed by the impugned judgment.

3. Two points need our consideration, namely, (1) whether the appellant was a public servant at the relevant time for invoking Section 5 of the Prevention of Corruption Act, 1947, and (2) whether the charges against the appellant on the very face of it are redolent of improbability and absurdity and there is not even remote chance of the charges ultimately culminating into conviction.

4. We may state here that Special Judge while considering the application under Section 227 of the Code of Criminal procedure did not at all consider the application on merit and mainly proceeded to decide whether the appellant was a public servant. The High Court without analysing the material on records rejected the contention on the ground that certainly a grave suspicion is created by the appellant committing offences other than that under Section 477A . The Special Judge held that the appellant was a public servant but the High Court left this question open.

5. Admittedly, the appellant being a lecturer of a private college would not come within the definition of public servant as contained in Section 21 of the Indian Penal Code. There is a special provision in the Shivaji University Act, 1974, namely, sub-section (4) of Section 73, which is extracted below:

"Conditions : Section 73:

of Services (1) ...............

(2) ...............

(3) ...............

(4) All salaried officers and employees of the U