B.P.SINHA, C.J.I.

(1) THIS appeal was first heard by a division bench of three judges, composed of the chief justice, Imam and Shah, JJ., on the 19th of February last year. In the course of the argument, the learned counsel for the appellant invited the attention of the court to the decision of a division bench of this court in the State of Ajmer v. Shivji Lal (1). The bench hearing the case, being of opinion that the decision aforesaid of this Court required reconsideration, referred the case to a larger bench, and that is how it has come before us.

(2) IT is necessary to state the following facts in order to bring out the question of law to be determined in this case. The appellant was an upper Division Clerk in the office of the Chief Commissioner of Delhi. He had come to know Ram Narain, who is the chief prosecution witness in this case and who is a fireman serving in Delhi Fire Brigade. Ram Narain, aforesaid, had for a long time been anxious to Obtain a licence for a double-barrelled shotgun. It is alleged that in this connection he bad sought the assistance of the appellant who had nothing to do with the issuing of licences for firearms, which is done by the off