KUNDAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The twin question which raises its head in this petition is : 'What is the legal status or character of a Nationalised Bank and what is the status of persons in its service or pay?' This question arises in this manner.

(2.) The petitioner Kundan Lal Sharma was the Branch Manager of the United Commercial Bank, Bharatgarh Branch. He along with four others was sent up before the learned Special Judge, Patiala, to stand trial under S.5(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the Corruption Act), as also under Ss.420, 467, 468 and 471 read with S.120-B of the Penal Code.

(3.) Broadly speaking, the case of prosecution is that the petitioner while working as the Branch Manager of the aforesaid Bank which now stands nationalised, in the capacity of a public servant entered into a criminal conspiracy in the year 1979-80 with the other accused in order to cheat the Bank, and the National Insurance Company and in pursuance thereof advanced a loan for the purchase of a tractor. How that loan was arranged is a matter of detail and need not be elaborated here. The tractor met with an accident and had to be repaired when it came to light that the offence had been committed. The case of the prosecution ultimately was that the petitioner along with accused No.2 Suresh Sharma by corrupt and illegal means and otherwise abusing their official positions fraudulently and dishonestly cheated the Bank and the National Insurance Company by obtaining a pecuniary advantage of Rs. 23281.51 from T.C. Dharmani and other co-accused. Broadly on these allegations the investigation was completed by the C.B.I. and after obtaining sanction against the petitioner, who was a Bank employee, and against Suresh Sharma, who was an employee of the National Insurance Company, a charge-sheet was submitted before the learned Special Judge, Patiala.