( 1. ) THIS criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the order dated 3-3-97 passed by the Special Judge (CBI), Jabalpur in Special Case No. 61/96.

( 2. ) THE applicant is aggrieved by framing of charges under Section 5 (1) (d) read with Section 5 (2) of Prevention of Corruption Act, 1947 (henceforth "the Act of 1947" ). He is also being prosecuted for the aforesaid offences with the aid of Section 120-B of IPC. There are other charges framed under the provisions of Indian Penal Code read with Section 120-B of IPC. This Court is not concerned with the charges framed against the applicant under the provisions of Penal Code and Section 120-B thereof so far as it is applicable to those offences. The revision is confined to framing of charges under Section 5

(1) (d) read with Sections (2) of the Act and the allegations of conspiracy under Section 120-B of IPC so far as it relates to those charges.

( 3. ) IT has been argued on behalf of the applicant that the applicant was an agent of the Life Insurance Corporation of India (for short "the Corporation") and, therefore, he could not be a "public servant" within the meaning of Section 2 of the Act of 1947 which defines a public servant as per Section 21 of the Indian Penal Code.

( 4. ) SHRI R. S. Patel, learned Standing Counsel for the CBI has opposed this argument asserting that the applicant is a public servant within the meaning of Section 21 of the Indian Penal Code.

( 5. ) THE precise question for consideration is if the applicant can be held to be a public servant within the meaning of Section 21 of the Penal Code and consequently under Section 2 of the Act of 1947. It is not in dispute that the applicant was a LIC agent when he is alleged to have committed the aforesaid offence under the Act and had conspired with others to do so. It is further not disputed before me that the applicant was not a member of the staff of LIC, therefore, his status has to be determined in accordance with the provisions of the Life Insurance Corporation Act and the Regulations framed by the LIC regarding the conditions of employment of agents. The aforesaid has to be read in the light of relevant provisions of Section 21 of the Penal Code which defines a public servant. Relevant provisions of the definition of "public servant" are as follows:-

21. "public Servant,-- The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:*** *** *** ***

*** Twelfth-- Every person. (a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956 ). "

( 6. ) IT would be clear from the aforesaid that the case of the applicant would be covered by sub-section 12 (b) of Section 21 of the Penal Code. He is alleged to have served under the LIC which would be a corporation within the meaning of the above sub-section. Life Insurance Corporation of India is established under the Life Insurance Corporation Act, 1956, therefore, it is a corporation within the meaning of sub-section 12 (b) of Section 21 of the Penal Code. If the applicant be in the service or pay of LIC, then he shall be deemed to be a public servant. However, it may be noticed at the outset that sub-section 12 (a) of Section 21 of the Penal Code is differently worded for defining a public servant in relation to a Government than in relation to a local authority or a Corporation established by the Central, Provincial or State Act. So far as clause (a) of sub-section 12 of Section 21 of IPC is concerned, any person who is payee of the Government or is remunerated by fees or commission for the purpose of performance of any public duty by the Government is covered;