SURINDER GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has prayed for quashing of FIR No. 8 dated 19.08.2014 for offences punishable under sections 7 & 13(2) of the Prevention of Corruption Act, 1988 registered at police station, Vigilance Bureau, Flying Squad-I, district SAS Nagar.

(2.) Learned counsel for the petitioner contends that employee of the bank in question cannot be considered a public servant. Thus, FIR deserves to be quashed. Prayer has been opposed by learned State counsel. He has referred to reply filed by way of affidavit of Hargobind Singh, Superintendent of Police, Vigilance Bureau, Flying Squad-I, SAS Nagar, Mohali. According to him, bank in question is registered under the Punjab State Co-operative Societies Act, 1961 and is giving loan on the gurantee of Punjab Government as well as National Bank for Agriculture and Rural Development (NABARD). Its employees are governed by Punjab Civil Service Rules. Thus, bank is amenable to provisions of the Prevention of Corruption Act, 1988.

(3.) It is on record that bank is aided by Punjab Government and National Bank for Agriculture and Rural Development. It is registered under the Punjab State Co-operative Societies Act and its employees are governed by Punjab Civil Service Rules. Thus, it cannot be said that Bank is not amenable to provisions of the Prevention of Corruption Act. Admittedly, petitioner was office bearer of the Bank at the time he was caught red handed by the Vigilance Bureau. Thus, it cannot be said that he is not a public servant within the meaning of definition contained in section 2(c)(ix) of the Act. Under the circumstances, I find no merit in this petition. Same is hereby dismissed.