G. A. MONTERIO versus THE STATE OF AJMER.

G. A. MONTERIO versus THE STATE OF AJMER.

A metal examiner (chaser) in the Railway Carriage Workshop who is both in the service or pay of the Government and whose duties are immediately auxiliary to those of an officer of the Government is an 'officer' within the meaning of section 21(9) of the Indian Penal Code. Therefore, such a person is a public servant...

Source-derived case information.

Parties
Appellant: G. A. Monterio; Respondent: The State of Ajmer
Jurisdiction
India
Judgment Date
21 September 1956
Procedural Posture
Criminal Appeal / Supreme Court Appeal With Certificate of Fitness Under Article 134(1)(c) of the Constitution From the Judgment of the Judicial Commissioner at Ajmer
Outcome
Appeal dismissed.
Legal Topics
Definition of Public Servant, Meaning of Officer, Prevention of Corruption Act, 1947, Indian Penal Code Section 21(9)
Criminal Law Anti Corruption Definition of Public Servant Meaning of Officer Prevention of Corruption Act, 1947 Indian Penal Code Section 21(9)

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Parties

G. A. Monterio

Appellant

The State of Ajmer

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal With Certificate of Fitness Under Article 134(1)(c) of the Constitution From the Judgment of the Judicial Commissioner at Ajmer

Legal Issues

  1. 1 Whether a metal examiner (chaser) in the Railway Carriage Workshop is an 'officer' within the meaning of section 21(9) of the Indian Penal Code and, therefore, a 'public servant' under section 2 of the Prevention of Corruption Act, 1947.
  2. 2 Applicability of the Prevention of Corruption Act to railway servants prior to amendment of section 137 of the Railways Act.

Ratio Decidendi

A metal examiner (chaser) in the Railway Carriage Workshop who is both in the service or pay of the Government and whose duties are immediately auxiliary to those of an officer of the Government is an 'officer' within the meaning of section 21(9) of the Indian Penal Code. Therefore, such a person is a public servant under the Prevention of Corruption Act, 1947, and liable to prosecution under section 5(1)(d) of Act II of 1947 for abuse of position and obtaining pecuniary advantage by corrupt means.

Court Disposition

Appeal dismissed.

Orders

  • Conviction and sentence under section 5(1)(d) of the Prevention of Corruption Act, 1947, are affirmed.