UNION OF INDIA Vs. ASHOK KUMAR MITRA

JUDGEMENT

(1.) Leave granted.

(2.) The only question that we are called upon to consider in these appeals is whether the employees of a nationalised Bank can be held to be 'public servants' within the meaning of Section 21 of Indian Penal Code and triable by Special Courts for the offences triable by those Courts. The question arises in the following circumstances.

(3.) The respondent was the Branch Manager of Bank of India at the relevant time. A case was registered against him and another person for offences under Sections 120B, 420, 409, 467, 468, 471, and 477A IPC and Section 5(2) read with Section 5(1) (c) (d) of the Prevention of Corruption Act, 1947. After completion of investigation by the CBI, charge-sheet was filed in the Court of the Special Judge at Alipur. Calcutta on 4-12-85. Cognizance was taken but before charges were framed, the respondent moved a petition for his discharge before the Special Judge stating the he is not a 'public servant' and therefore cannot be tried by the Special Court. The learned Special Judge by his order dated 28-6-91 rejected the application. The respondent thereupon filed a criminal revision in the Calcutta High Court seeking quashing of the prosecution launched against him on the ground (a) delay in the disposal of the case and (b) that not being a 'public servant', he could not be tried by a Special Court.