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Umed Kumar vs. State of Rajasthan & Anr.

54.00 5.40

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Prevention of Corruption Act, 1988–Sec. 2(c) & 7–Plea of the petitioner that he is not a public servant and does not come in the purview of Sec. 2(c)–Acceptability–Sec. 2(c) provides a wide and expansive definition of public servant–The discharge of public duty by the office holder is a sine qua non for the application of the definition of the public servant–Petitioner was employed in a self-financed private B.Ed. college–He prima facie had access to the attendance record and was responsible for forwarding examination forms to the State University–The statutory functions which the petitioner allegedly sought to violate, involve public interest and constitute “public duty”–Impugned FIR discloses the commission of an offence u/s. 7–Declined to quash.