TMI Blog1995 (2) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... nt time. A case was registered against him and another person for offences under sections 120 B, 420, 409, 467, 468, and 477A IPC and Section 5(2} read with Section 5(1) (c) (d) of the Prevention of Corruption Act, 1947. After completion of investigation by the CBI, charge-sheet was filed in the Court of the Special Judge at Alipur, Calcutta on 4.12.85. Cognizance was taken but before charges were framed, the respondent moved a petition for his discharge before the Special Judge stating that he is not a 'public servant' and therefore cannot be tried by the Special Court. The learned Special judge by his order dated 28.6.91 rejected the application. The respondent thereupon filed a criminal revision in the Calcutta High Court seeking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a 'public servant' as per section 21 Twelfth (b) of IPC. In R.C. Cooper v. Union of India, [1970] 1 SCC 248 this Court with reference to the nationalised bank constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969, hold that the nationalised banks are 'Corporations'. The controversy, whether a nationalised bank is only a body corporate or is a corporation is no longer res-integra. On account of the nationalisation, the nationalised banks are not only established by a Central Act but are also owned and controlled by the Central Government. A Constitution Bench of this Court in Ashoka Marketing Ltd, and Anr. v. Punjab National Bank and Ors. Etc., [1990] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporation come within the definition of the term 'public servant' as given under Section 21 of RPC. So far as the other respondents are concerned, admittedly Jupiter Insurance Co, has been merged with the Oriental Fire and General Insurance Co. after nationalisation and the latter is now a part of the corporation, namely, General Insurance Corporation of India, By such process, the respondents Dogra and his associates are in the same position as Anand. Mr. Kapil Sibal, learned council appearing for Dogra and his associates has stated before us that the finding of the High Court on this score is not tenable and the respondents must be held to be public servants. Section 21 IPC provides : 21. 'Public Servant - The words p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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