UNION OF INDIA & Anr. v. ASHOK KUMAR MITRA

for offences under sections 120-B, 420, 409, 467, 468, 471 and 477 A IPC and section 5(2) r/ws S(l)(c)(d) of the Prevention of Corruption Act, 1947. Before charges were framed, the respondent moved a petition for his discharge before learned Judge of the Special Court stating that he was not a 'public servant' and therefore could not be tried by the Special Court. D The application was rejected. The respondent filed revision seeking quash- ing of the prosecution on the ground of delay in ~he disposal of the case and also on the ground that not being a 'public servant', he could not be tried by a Special Court. The High Court rejected the first ground holding that the delay was not attributable solely to the prosecution. It was however held that the respondent could not be deemed to be a 'public servant' E within the meaning of section 21 of IPC and as such could not be tried by the Special Court. The prosecution was accordingly quashed. Hence these appeals. The appeHant urged that a nationalised bank was a 'Corporation' and not a 'body corporate' and therefore, the respondent would be squarely covered by the definition of a 'public servant' as per section 21 (Twelfth) (b) of the IPC. Allowing the appeals, this court HELD : 1. A nationalised bank is a corporation which is established by a Central Act and is owned and controlled by the Central Government. The employees of corporations which are owned and controlled by the Central Government and established by a Central Act are 'public servants'. (372-C] 369 F G H "'-, 370 SUPREME COURT REPORTS (1995) 2 s.c.R. A