KAUSHLENDRA KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, a challenge is made to the order dated 02.06.2014, by which charges were framed against the petitioner. Prior to the aforesaid, application for discharge was dismissed vide order dated 31.03.2012.

(2.) Learned counsel submits that the petitioner was a Reader in private college, thus does not fall in the definition of "public servant" so as to apply Prevention of Corruption Act, 1988 (in short "the Act of 1988"). He further states that sanction for prosecution was given by the NCTE, whereas he was not employee of NCTE, thus even sanction for prosecution is defective and by the authority not competent for it. Hence, on that ground also, impugned order, framing charges, deserves to be quashed.

(3.) Learned Public Prosecutor appearing for the CBI opposed the petition. He submits that the petitioner was nominated as Visiting Expert by NCTE and while discharging the duties as Visiting Expert, occurrence took place. The petitioner, thus falls in the definition of "public servant" as given under Section 2(c) of the Act of 1988. Since the petitioner was discharging the duties as Visiting Expert, sanction for prosecution was given by NCTE who had nominated him to discharge those duties. The sanction for prosecution was, thus by the competent authority, accordingly no case is made out for challenge to the order framing charges against the petitioner.