RADHEY SHARMA Vs. C.B.I.

JUDGEMENT

(1.) THESE petitions under Sections 397/401 impugns an order on charge made by the learned Special Judge, CBI on 17.4.2006 charging the petitioners of having committed offences under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act (Hereafter referred to as "the Act").

(2.) THE petitioners at the relevant time were officials of the Punjab National Bank; the first petitioner was the Chief Manager; the second petitioner was the Small Scale Industries Officer and the third petitioner was Loan Officer. They were arrayed as accused No. 1,4 and 5 in the proceedings before the trial court.

(3.) LEARNED Counsel for the petitioners urged that on an overall conspectus of the material and the facts, the offence under Section 13(1)(b) of the Act could never be said to have been committed. He urged that there was nothing suggestive of illegal gratification having been demanded or received by any of the petitioners. At best, their conduct could amount to negligence in performance of duty or error in judgment but not suggest a culpable frame of mind or intention at dishonesty so as to enrich someone else or cause loss to the bank. It was contended that the basic ingredients of the provision pre -supposed a mental state of having to benefit oneself.