- (1.) I have had the privilege of going through the judgment of my learned brother Prafulla C. Pant, J. Though I am in full agreement with the conclusions reached by my learned brother, I would like to give my own reasons for the same.
(2.) The question arising has to be answered firstly within the four corners of the definition of "public servant" as contained in Section 2(c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act'), particularly, those contained in Section 2(c)(viii), which is extracted below: 2. "Definitions.-In this Act, unless the context otherwise requires,- (c) "Public Servant" means,- (i) XXX XXX XXX (ii) XXX XXX XXX (iii) XXX XXX XXX (iv) XXX XXX XXX (v) XXX XXX XXX (vi) XXX XXX XXX (vii) XXX XXX XXX (viii) any person who holds an office by virtue of which he is authorized or required to perform any public duty;" (ix) XXX XXX XXX (x) XXX XXX XXX (xi) XXX XXX XXX (xii) XXX XXX XXX"
(3.) While understanding the true purport and effect of the aforesaid provision of the PC Act, the meaning of the expression "office" appearing therein as well as "public duty" which is defined by Section 2(b) has also to be understood.;