STATE Vs. SRIVARDHAN & ANR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th February, 1984, of the Special Judge, Delhi, in Corruption Case No. 2/81, whereby the learned Judge has declined to proceed with the matter on the ground that the accused is not a public servant within the meaning of Section 21 of the Indian Penal Code to bring him within the mischief of the Prevention of Corruption Act, 1947 since the Delhi High Court by a judgment of a Division Bench in Oriental Bank of Commerce and Ors. v. Delhi Development Authority and Ors., 1982 CrLJ 2230 has ruled that a bank employee is not a public servant within the meaning of Section 21 of the Indian Penal Code.

(2.) The brief facts of the case, as has been noted by the Special Judge, are as under :

(3.) The prosecution in order to establish its case has led considerable evidence when the accused moved an application to say that he was covered by a judgment of a Division Bench of the Delhi High Court and, therefore, could not be tried by the Special Judge as he was not a public servant within the meaning of Section 21 of the Indian Penal Code to bring him within the mischief of the Prevention of Corruption Act, 1947.