- (1.) This Appeal with a certificate of fitness under Art.134 (1)(c) of the Const. against the decision of the Judicial Commissioner at Ajmer raises an important question as to the connotation of the word "officer" contained in S.21 (9), Penal Code.
(2.) The appellant was a Class III servant employed as a metal examiner, also called Chaser, in the Railway Carriage Workshops at Ajmer. He was charged under S.161, Penal Code with having accepted from one Nanak Singh currency notes of the value of Rs.150 as illegal gratification as a motive for securing a job for one Kallu. He was also charged under S.5(1)(d) of Act 2 of 1947 with abusing his position as a public servant and obtaining for himself by corrupt or illegal means pecuniary advantage in the shape of Rs.150 from the said Nanak Singh. He was further charged with having committed an offence under S.420, Penal Code for having induced the said Nanak Singh to deliver to him currency notes of the value of Rs.150 by dishonest representation that he could secure a job for the said Kallu. The learned Special Judge, State of Ajmer, who tried him in the first instance for the said offences convicted him of the offence under S.161, Penal Code as also the offence under S.5 (1)(d) of Act 2 of 1947 and sentenced him to suffer rigorous imprisonment for six months and one year respectively in regard to the same, both the sentences to run concurrently. In so far, however, as it was not proved that the appellant did not believe when he accepted the money that he could secure or would try to secure a job for Kallu, it was held that no case under S. 420, Penal Code was made out and he was acquitted of that charge.
(3.) The appeal taken to the Judicial Commissioner, State of Ajmer, by the appellant failed and on 10-12-1954, the learned Judicial Commissioner granted to the appellant a certificate of fitness for appeal on two main grounds, viz. (1) whether the appellant was an "officer" within the meaning of cl. (9) of S.21, Penal Code, and (2) whether the provisions of S.137, Railways Act excluded all railway servants from the definition of public servants except for purposes of Chapter 9, Penal Code.;