FAIYAZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Counsel for the State and learned Counsel for the Vigilance Investigation Bureau.

(2.) Petitioner is Secretary of Millat Teachers Training College, Madhubani which is claimed to be a minority unaided institution established in the year 1990. It claims to have recognition of the State Government since the academic session 1990-92. It is understood that the Petitioner claims to have affiliation of its institution with Lalit Narayan Mithila University (hereinafter referred to as 'the University') till 1995-96 and thereafter it got recognition of the National Council for Teacher Education, Eastern Regional Committee since the session 1996-97 in the light of provisions of NCTE Act, 1993 which came into force from 1.7.1995.

(3.) Petitioner claims that since it is unaided minority institution imparting training to teachers to enable them to appear in the examination for B.Ed. degree, it does not perform any "public duty" and does not come within the definition of "public servant" as defined under Section 2 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act'). This is the basis for challenging a letter bearing No. 7096 dated 6.7.2009 contained in Annexure-4 series whereby Respondent No. 3, Sr. Deputy Superintendent of Police-cum-Inquiry Officer, Vigilance Investigation Bureau has requested the Petitioner to make available information and documents mentioned in letter No. 6555 dated 3.6.2009 (Annexure-1) for holding inquiry pursuant to letter No. 866 dated 27.5.2006 whereby Respondent No. 2, the Principal Secretary, Human Resources Development Department, Government of Bihar notified the Additional Director General of Police, Vigilance Investigation Bureau, Bihar, Patna to hold inquiry in respect of privately managed B.Ed. training colleges in reply to and context of letter No. 1.40 of Respondent No. 2 dated 20.3.2006 (Annexure-A).