JUDGMENT
N.K. Bhattacharyya, J.
1. The Instant case arises out of an order No. 112 dated 13-9-94 passed by the learned Judge, 2nd Special Court, Calcutta in Case No. 1 of 1991 whereby the learned Judge rejected the contention of the petitioner that the petitioner is not a public servant and refused to drop the proceeding.
2. The short background of the case is that the petitioner was a clerk-cum-typist of the State Bank of India, Shyambazar Branch and the Detective Department, Calbazar, Calcutta, started a case against the petitioner upon a written complaint. The case was registered as Shyampukur P.S. (D.D.) Case No. 328 dated 9.9.87. The matter was investigated into and ultimately a charge-sheet was submitted against the accused petitioner for offence under sections 120B/409/467/468/471/477-A IPC and under section 5(1)(a) and 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1988.
3. The learned Judge. 2nd Special Court, Calcutta, took cognizance on that charge-sheet. Thereafter the present petitioner made an application before the said learned Special Judge for dropping the proceeding, inter alia, on the ground that he being a Bank Officer is not a public servant and that for the same taking of cognizance is bad in law. That contention did not succeed and the learned Special Judge dismissed that application by the order impugned. At one point of time this court in an allied matter held that the Bank Officers are not public servants.
4. Mr. Biswanath Sanyal. learned Advocate laid much stress on that decision and contended that the proceeding against the petitioner is not maintainable, inasmuch as, the petitioner is not a public servant as he is a Bank Officer, and as such, the Special Judge has no Jurisdiction to try the case of the petitioner. Heard the contention of the learned Advocate for the petitioner. Considered the materials on record.
5. The position has been settled now by the decision of the apex court in the case of Union of India v. Ashok Kumar Mitra reported in 1995 SCC (Crl) 425 wherein the apex court has held that the Bank Officers are public servants within the meaning of section 21 of the Indian Penal Code or under section 2(c) of the Prevention of Corruption Act, 1988. I, accordingly, find no merit in this case and I dismiss the revision.
6. This order is passed without prejudice to the rights and contentions for the parties that may be raised during the trial if the maintainability of the case is challenged on some other grounds. The revlslonal application is, accordingly, stand dismissed.
7. Application dismissed