Raghubar Dayal, J. - (1.) This is an appeal by special leave against the judgment of the High Court of Mysore of Bangalore confirming the appellant's conviction for an offence under S. 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), by the Special Judge, Dharwar.
(2.) The appellant is alleged to have committed the offence while he was a Municipal Councillor and Chairman of the Managing Committee of the Navalgund Municipality. The only question for determination in this appeal is whether the appellant was a 'public servant' contemplated by S. 2 of the Prevention of Corruption Act. The contention for the appellant is that he was not such a 'public servant'.
(3.) Section 2 of the Prevention of Corruption Act reads: "For the purposes of this Act, 'public servant' means a public servant as defined in S. 21 of the Indian Penal Code". Section 21 of the Indian Penal Code defines the persons coming within the expression 'public servant' and its Tenth Clause reads: "Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district'. Rule 68 framed under the Bombay District Municipal Act, 1901 (Bombay Act III of 1901) and admittedly applicable to the appellant reads: "The Chairman of an Executive Committee shall sign payment orders on behalf of the Committee after the Committee have passed the bills and may also order payment of bills for fixed recurring charges such as pay bills in anticipation of the Committee passing them". The High Court held that the appellant, as Chairman of the Managing Committee, could expend the money of the Municipality as he could order payment of bills for fixed recurring charges and that therefore he came within the purview of the expression 'public servant' defined in the Tenth Clause of S. 21 of the Indian Penal Code.;