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".. Where a public servant commits the offence of cheating or abets another so the cheat, the offence committed by him is not one while he is acting or purporting to act in the discharge of his official duty, as such offence has no necessary connection between it an the performance of the duties of a public servant, the official status furnishing only the occasion or opportunity for the commission of the offence.."

13. Section 199(2) of the Cr. P.C. on the other hand is relatable tot he allegation to have been committed against a person who, at the time of such commission, is the president of India, the Vice President of India, the Governor of a State, The Administrator of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public function. Conduct refers to persons behaviours deportment, mode of action, any positive or negative act (Black's Law Dictionary). Any imputation concerning any person intending harm or knowing or having reason to believe that such imputation will harm the reputation of such person relatable to the conduct of such person in the discharge of his public function. A defamatory statement involving personal behaviours or mode of act of those persons specified in sub-section (2) which may be justifiably and reasonably connected or related to discharge of his public function which may not be strictly associated with such acts cannot be disassociated from the discharge of the public function of such person. A public functionary when goes to private function does not cease to be a public functionary. The constitution envisages of a council of Ministers with the Chief Minister at the head to aid and advise the Governor. Under Article 164 of the constitution the Chief Minister is appointed by the Governor and the other Ministers are also appointed by the Governor on the advise of the Chief Minister. The Ministers holds public office and discharge public duty, where the imputation is relatable to behaviours or conduct in the discharge of public function prima facie it will come within the regour of Sub-Section (2) of Section 199 of the CR.P.C. If the allegation however, is relatable to personal life of a public functionary like that of a private citizen which in no way revolve around on his public function. In this case the Section will not be operative and cases are to be decided on the factual matrix of each case.