S K PATHRELLA Vs. C.B.I.

JUDGEMENT

(1.) PRESENT writ petition has been filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. challenging the order framing charge dated 21st July, 2012 passed by Special Judge (CBI)-09, Central District, Tis Hazari Courts, Delhi under Sections 120B read with Sections 420/467/468/471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 as well as proceedings emanating therefrom.

(2.) MR . Anurag Ahluwalia, learned counsel for the petitioner submits that the trial court has erred in framing charges against the petitioner inasmuch as no loss has been caused to the Bank. In this connection, he has drawn this Court's attention to the charge-sheet filed by the Central Bureau of Investigation (CBI) wherein it has been stated as under:-

(3.) MR . Ahluwalia further submits that if any procedure was bypassed, the petitioner cannot be held liable for the same as he was a high ranking officer, holding post of Chief General Manager. He states that before a file is put up to the Chief General Manager, it is processed at different levels by subordinate officers and for the mistakes of his junior, the petitioner cannot be punished.