2002 (1) TMI 1288 - SC - Indian Laws

Summary

Issues: Whether the appellant was a public servant under Section 5 of the Prevention of Corruption Act, 1947, and whether the charges against the appellant are improbable and absurd.

Appellant's Status as a Public Servant:
The appellant, a lecturer at a private college, was invited by the University to evaluate exam papers. The University Act deems all salaried officers and employees of the University as public servants. The appellant argued that the provision should apply only to salaried officers or employees. However, the court held that the intention was to cover all specified categories of persons, including those appointed for specific work. Thus, the appellant was considered a public servant under the Act.

Prima Facie Case Against the Appellant:
In determining whether a prima facie case existed, the court emphasized that the Judge must weigh the evidence and consider the broad probabilities of the case. The High Court found the prosecution's case to be weak, noting delays in investigation and lack of incriminating evidence. The court agreed with the High Court's assessment, stating that no grave suspicion or even suspicion was evident against the appellant. Consequently, the court held that no prima facie case was established.

Conclusion:
The court allowed the appeal, setting aside the previous judgment and quashing the criminal proceedings against the appellant. The decision was based on the appellant's status as a public servant under the University Act and the lack of a prima facie case against him.