The central legal point established is that a person, even on a contractual basis, can be considered a public servant under the Prevention of Corruption Act if their duties constitute a public duty as defined by the Act.

Rongon Mukhopadhyay, J.

Heard Mr. Anil Kumar, learned senior counsel for the petitioner and Mr. K.P. Deo, learned counsel for the CBI.

2. In this application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with R.C. Case No. 17(A)/2014-R instituted for the alleged offences under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. Pursuant to I.A. No. 5153 of 2015 being allowed by the Court on 5.11.2015, the petitioner has also challenged the order dated 3.7.2015 by which cognizance was taken for the offences punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act.

3. It has been stated by Mr. Anil Kumar, learned senior counsel for the petitioner that no case under the Prevention of Corruption Act could have been instituted against the petitioner. Even the petitioner was working on a contractual basis in Central University at Jharkhand and, therefore, he was not a public servant within the meaning of Section 2(c) of the Prevention of Corruption Act. Learned senior counsel submits that the petitioner was never appointed against any sanctioned post in the University. It has been stated that the petitioner after his working hours used to work in a private capacity for a which he was used to be paid and such income was never taken into consideration prior to lodgement of the FIR. In fact the income of the petitioner is reflected in his income tax returns. Learned senior counsel has drawn the attention of this Court to the appointment letter of the petitioner dated 6.7.2011 as also to the relevant provisions of the Central University Act with respect to the manner of appointment and the council which is entrusted for such appointment. It has been further been stated that the appointment of the petitioner was not on a regular or substantive post and therefore, the same being not in terms of the statute, the petitioner cannot be said to be a public servant. Learned senior counsel also submits that the petitioner can be construed to be a public servant, if a substantive against a vacant and sanction post was made in accordance with law. Further submission has been advanced that Section 2(c)(viii) of the Prevention of Corruption Act includes an office and thus, the same signifies a sanctioned post. Learned senior counsel in support of his contention has referred to the judgments in cases of P.V. Narasimha Rao v. State (CBI/SPE) reported in 1998 (2) EastCrC 734 (SC) : (1998) 4 SCC 626 and Union Public Service Commission v. Girish Jayanti Lal Vaghela reported in (2006) 2 SCC 482.

4. Countering the arguments advanced by the learned senior counsel for the petitioner, Mr. K.P. Deo, learned counsel for the CBI has referred to Section 2(c) of the Prevention of Corruption Act while stating that the petitioner was a public servant, although being in contractual appointment in the University. Learned counsel submits that the duty of the petitioner would also reveal the characteristics of a public servant and merely because the petitioner was appointed on a contractual basis for a fixed term, the petitioner cannot claim himself not be a public servant so as to escape prosecution under the Prevention of Corruption Act. Learned counsel in support of his contention has referred to a judgment in the case of Central Bureau of Investigation, Bank Securities and Fraud Cell v. Ramesh Gelli and others reported in (2016) 2 JLJR 212 (SC).

5. The pivotal point for deciding the issue is as to whether the petitioner comes within the definition of a public servant or not in terms of Section 2(c) of the Prevention of Corruption Act. Section 2(c) of the Prevention of Corruption Act reads as follows :

2(c) "Public Servant" means,-

(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;

(ii) any person in the service or pay of a local authority;

(iii) any person in the s