KRISHNA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitioner Krishna Kumar has filed this petition as a Member/Secretary of Punjab National Bank Officers" Association (Bihar-Jharkhand) having its registered Office at Chanakya Tower 2nd Floor, R-Block, Patna.

(2.) The informant Sandip Gautam, a Cluster Head of H.D.F.C.Bank, Exhibition Road, Patna gave a written report dated 8th November 2008 to the Officer-in-charge, Gandhi Maidan Police Station, Patna alleging that his Patna Main Branch has a current A/c No. 0380002100060239 with Punjab National Bank at Exhibition Road, Patna for last several years as a Branch of Punjab National Bank which is linked to Current Chest. Due to safety reasons, the cash of his Bank was deposited in Punjab National Bank through authorized agency dealing with secured cash remittance, viz M/s Securitrans India Pvt. Ltd. On 19th September 2008 his Branch handed over cash amounting to Rs.4,70,00,000/- (Rupees four crore seventy lacs) through the authorized representatives of M/s Securitrans India Pvt. Ltd. Out of the said amount of Rs.4,70,00,000/-, only a sum of Rs.1.7 crores was credited in his Bank"s Current Account with the Punjab National Bank on different dates from 20th September 2008 to 3rd October 2008 and that on observing the reconciliation account it was found that a sum of Rs.3,00,00,000/- (three crores) had not been credited to his Bank Account by the Punjab National Bank Officials. It was further alleged that on 21st October 2008, an amount of Rs.4,90,00,000/- (Rupees four crore, ninety lacs) was deposited in the Punjab National Bank through their authorized representative M/s Securitrans India Pvt. Ltd. and that Sri K.P. Singh, Branch Manager confirmed that the amount was deposited in his Bank. The further allegation was that the Branch Manager and the Head Cashier of the Punjab National Bank had not provided credit of total amount of Rs.7.9 crores of his Bank and that the money had been fraudulently misappropriated. The informant stated in his written report that his Bank wrote to Punjab National Bank, Zonal Office at Patna vide its letter dated 24th October 2008 and again on 3rd November 2008 seeking their intervention but they failed to act and to set the Account right and credit his aforesaid current Account with the amount deposited with them and that the concerned Officials of the Punjab National Bank, Zonal Office seemed to be protecting the illegal activities of their Branch Officials and that they were busy in destroying the records by tampering the Bank records and that, therefore, they were involved in criminal conspiracy for the same. The informant stated that his Bank"s authorized representative M/s Securitrans India Pvt. Ltd. confirmed the deposit of said amount of Rs.7.9 crores with the Punjab National Bank. The informant stated that the amount of Rs.7.9 crore had been fraudulently misappropriated by Sri R.K.Narayan, Head Cashier (who was absconding as per information), Sri P.N.Sikdar, Chief Manager (then Branch Manager on 19th September 2008) and Sri Ashish Sinha, Manager (then Branch Manager on 21st October 2008) and other officials of the Punjab National Bank who committed criminal breach of trust in criminal conspiracy with other officials and cheated him. The informant also expressed his apprehension that Sri Shailesh Ranjan Singh, Chief Manager, who was then Branch Manager, Punjab National Bank, Exhibition Road, Patna Branch with other officials of the Bank was indulging in destroying and fabricating the records and the Branch, including CCTV footage of the transactions and that he had not provided the CCTV Footage to his Bank in spite of repeated requests. On the basis of the written report of the informant, Gandhi Maidan P.S.Case No. 346 of 2008 dated 8th November 2008 under Sections 409, 420 and 120(B) of the Indian Penal Code was registered against the four named accused, namely, the said P.K.Sikdar, Ashish Sinha, Shailesh Ranjan Singh and R.K.Narayan as well as others unknown.

(3.) On the basis of the FIR, Sub Inspector of Police Sri Narayan Singh of the Police Station was conducting the investigation of the case. It was during the investigation of the case that the writ petitioner, who is not an accused in the FIR, has filed the writ petition in his representative capacity as a Member/ Secretary of the Punjab National Bank Officers" Association challenging the investigation of the case being carried on by the Bihar Police and praying for a mandamus to direct the investigation to be made by the Central Bureau of Investigation and raising some points of law alleging that the Bihar Police is not competent to carry out investigation into the case.