https://www.taxtmi.com/caselaws?id=300164 A Municipal Councillor is not a public servant within Section 21 of the Indian Penal Code because the office is filled by election, not by Government appointment, and does not answer the statutory description of an authority appointed and controlled in the required manner. Applying the earlier constitutional bench interpretation of that definition, the SC held that the appellant fell outside the class of public servants. As a result, prosecution under the Prevention of Corruption Act, 1947 could not be sustained on that footing, and the question of sanction did not affect the outcome. en-us Wed, 31 Jul 1985 00:00:00 +0530 Fri, 14 Jan 2022 12:16:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300164 A Municipal Councillor is not a public servant within Section 21 of the Indian Penal Code because the office is filled by election, not by Government appointment, and does not answer the statutory description of an authority appointed and controlled in the required manner. Applying the earlier constitutional bench interpretation of that definition, the SC held that the appellant fell outside the class of public servants. As a result, prosecution under the Prevention of Corruption Act, 1947 could not be sustained on that footing, and the question of sanction did not affect the outcome. Case-Laws Indian Laws Wed, 31 Jul 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300164