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1956 Supreme(SC) 65

P.GOVINDA MENON, P.N.BHAGWATI, SYED JAFAR IMAM
G. A. Monterio – Appellant
Versus
State Of Ajmer – Respondent


Advocates:
B.P.MAHESHVARI, C.K.DAFTARY, H.R.KHANNA, PORUS A.MEHTA, R.H.Dhebar

P.N.BHAGWATI, J.

(1) THIS Appeal with a certificate of fitness under article 134(1)(c) of the Constitution against the decision of the Judicial Commissioner at Ajmer raises an important question as to the connotation of the word `officer` contained in section 21(9), Indian Penal Code.

(2) THE appellant was a Class 3 servant employed as a metal examiner, also called Chaser, in the Railway Carriage Workshops at Ajmer. I He was charged under section 161, Indian Penal Code with having accepted from one Nanak Singh currency notes of the value of Rs. 150.00 as illegal gratification as a motive for securing a job for one Kallu. He was also charged under section 5(1)(d) of Act 2 of 1947 with abusing his position as a public servant and obtaining for himself by corrupt or illegal means pecuniary advantage in the shape of Rs. 150.00 from the said Nanak Singh. He was further charged with having committed an offence under section 420, Indian Penal Code for having induced the said Nanak Singh to deliver to him currency notes of the value of Rs. 150.00 by dishonest representation that be could secure a job for the said Kallu. The learned Special Judge, State of Ajmer,
















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