Sadhana S. Jadhav, J. - (1.) BY these petitions, the petitioners are seeking the relief of quashing the proceedings pending before the Special Court in Special Case No. 19 of 2011, wherein the petitioners are being prosecuted for the offence punishable under Sections 406, 420 read with Section 120B of Indian Penal Code pursuant to Crime No. 13/E/2009/CBI/EOW/MUMBAI.
(2.) THE petitioners are public servants. They are the officers of Small Industries Development Bank of India (hereinafter referred to as 'SIDBI'), which is a Corporation established by the Central Government of India by an Act of 1989 of Parliament. SIDBI is the financial institution established by the Government for promotion and development of micro, small and medium enterprises. It is an Authority empowered to frame different rules for achieving the objects of the institution. The petitioner in Writ Petition No. 3024 of 2012 is working as the Deputy General Manager in SIDBI, whereas the petitioner in Writ Petition No. 3173 of 2012 was, at the relevant time, working as Manager at Pune Branch office and was assigned direct business and accounts. The petitioner in W.P. No. 3173 of 2012 was assigned the work related to MSME Receivable Finance/Bills Scheme sanctioned to Tata Motors Ltd. (TML) after Shri Muthukumar (original accused No. 5) submitted his resignation to the Bank.
(3.) THE work in respect of Tata Motors Ltd. was voluminous and therefore one special officer was assigned the work to handle the transactions relating to Tata Motors Ltd. and the other officer was entrusted with the work in relation to other corporates other than TML.;