AKHTAR ALAM vs THE STATE OF BIHAR

The Supreme Court held that the appellant, as Head Clerk to the Executive Engineer of the State Electricity Board, was a 'public servant' under Section 21(12) IPC and Section 5(2) of the Prevention of Corruption Act, as he was in the service of the Corporation and performed duties auxiliary to those of an officer. The Court established that the true test for determining public servant status involves whether the individual is in the service of the Corporation and possesses authority or performs duties that support someone with authority. The Court also clarified that the appellant could not be deemed a public servant under Section 81 of the Electricity (Supply) Act, 1948, as receiving a bribe does not fall within the scope of acting under that Act.