Oral Judgment: (B.H. Marlapalle, J.)

This petition has been placed before us on account of the Referral Order dated 14.01.2010 passed by the learned Single Judge and the following two issues have been referred for consideration by the Division Bench:

(a) Whether a Public Prosecutor/Additional Public Prosecutor can be said to be a public servant within the meaning of the said term as defined in Section 2(c) of the Prevention of Corruption Act, 1988?

(b) Whether the view taken in Adi P. Gandhi’s case lays down the correct test or whether the decision in Gawali’s case and Kulkarni’s case can be said to be laying down the correct law?

2. The petitioner came to be appointed way back in 2000 for a period of one year as Assistant Government Pleader under Order XXVII of the Code of Civil Procedure and as an Additional Public Prosecutor under Section 24(3) of the Code of Criminal Procedure, 1973. He was issued similar orders and the last of them was dated 23.05.2007 which appointed him likewise, but for a period of two years. In each appointment letter, it was made clear that it was strictly subject to the conditions of service laid down in the Maharashtra Law Officers (Appoint