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2009 Supreme(P&H) 1049

SABINA
Surinder Pal Singh Chhina – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr. R.S.Cheema, Sr. Advocate with Mr. Rajiv Trikha, Advocate,
For the Respondent: Mr. Aman Deep Singh Rai, AAG, Punjab.

JUDGMENT

Sabina, J.:- This order shall dispose of CRM-M No. 48058 of 2002 and CRM-M No. 25093 of 2003.

2. I have heard the learned Senior counsel for the petitioner and the learned State counsel.

3. The meaningful question involved in these cases is as to whether the petitioner is a public servant.

4. A ‘public servant’ as defined in Sub-clauses (iii), (viii) and (ix) of Clause (c ) of Section 2 of the Prevention of Corruption Act, 1988 (‘the Act’ for short) reads as follows:-

“2. Definition- In this Act, unless the context otherwise requires,-

(a) xx xx xx

(b) xx xx xx

(c) ‘public servant” means,-

(iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956;

(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;

(ix)any person who is the President, Secretary or other office bearer of a registered cooperative society, engaged in agriculture, industry, trade or banking, receiving or having received any financial a






















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