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Penal Code (XLV of 1860)------- ------S. 21 (9)-Word "Officer"-Connotation of-Person whether an officer-Test to determine ­Prevention of Corruption Act (II of 1947), S. 2. The test to determine whether a person is an officer within the meaning of section 21 (9), Penal Code, is: (1) Whether he is in the service or pay of the Govern­ment, and (2) Whether he is entrusted with performance of any public duty. If both these requirements are satisfied it matters not the least what is the nature of his office, whether the duties he is performing are of an exalted character or very humble indeed. If therefore, on the facts of a particular case the Court comes to the conclusion that a person is not only in the service or pay of the Government but is also performing a public duty, he has 'delegated to him the functions of the Government or is in any event performing duties immediately auxiliary to those of some one who is an officer of the Government and is therefore an `officer' of the Government within the meaning of section 21 (9) of Penal Code. Reg v. Ramajirao Jivbaji 12 Bom. H C R 1 distinguished. Nazamuddin v. Queen-Empress I L R 28 Cal. 344 rel. Ahad Shah v. Emperor A I R 1918 Lah. 152 and Queen v. Nachimuttu I L R 7 Mad. 18 ref. JUDGMENT BHAGWATI, J.-------This Appeal with a certificate of fitness under Art. 134 (1) (c) of the Constitution against the decision of the Judicial Commissioner at Ajmer raises an important question as to the connotation of the word "officer" contained in section 21 (9), Penal Code. 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 section 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 section 5 (1) (d) of Act II of 1947 with abusing his position as a public servant and obtaining for himself by corrupt or illegal means pecuniary advantage to the shape of Rs. 150 from the said Nanak Singh. He was further charged with having committed an offence under section 420, Penal Code for having induced…

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