STATE DELHI ADMINISTRATION Vs. S R VIJ

JUDGEMENT

(1.) This revision by the State is directed against the order dated 16th May 1989 of a Special Judge, Delhi, dropping the criminal proceedings against respondent-accused.

(2.) Indisputably, charge sheet by the Anti Corruption Branch of Delhi for the offences under 161 Indian Penal Code and Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act was filed alleging that the respondent on 26th December, 1987 while posted as Manger, New Bank of India, Rana Pratap Bagh obtained Rs. 2,000.00 from Kamaljit Singh, complainant, as illegal gratification for handing over the loan-bank-draft of Rs. 21,000.00 and, therefore, he being a public servant was guilty of the said criminal offences. Impugned order was passed at the stage the case came up for consideration of framing of charge against the respondent.

(3.) Relying on the decision in Union of India and another vs. Ashok Kumar Mitra, AIR 1995 SC 1976, the submission advanced by Ms. Mukta Gupta for the State was that New Bank of India with whom the respondent was employed on 26th December, 1987 was a `Corporation' within the meaning of Clause 12(b) of Section 21 Indian Penal Code and he was thus a `public servant' within the meaning of said Section 21. Impugned order dropping the criminal proceedings on the grounds that the New Bank of India was neither a `Corporation' within the meaning of said clause 12(b) of Section 21 nor the respondent was a `public servant' within the meaning of Section 21 is, therefore, legally erroneous. In Ashok Mitra's case (supra) while dealing with similar issue it was held in Paras 8 to 10 thus:-