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State of Maharashtra & Ors. v. Brijlal Sadasukh Modani

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1329 of 2009)Decided 15 Dec 2015
Criminal Appeal No. 1329 of 2009
Justice Dipak Misra · Justice Adarsh Kumar Goel

Background

This order does not decide the main case. The respondent, a former General Manager of Osmanabad Janata Sehkari Bank Ltd., a cooperative bank, received investigation notices from the Anti-Corruption Bureau under the Prevention of Corruption Act, 1988 after his retirement. The Bombay High Court (Aurangabad Bench) quashed the notices on the basis that he was not a public servant.

Decision Breakdown

This is not a final decision on the main case. The Court held that the High Court should not have made such an elaborate inquiry, at the writ stage, into whether the bank received government aid and whether the respondent was therefore a public servant. This mixed question of fact and law was better left to the trial. The Court allowed the State's appeal, set aside the High Court's judgment and directed that the question be gone into during the trial.

Lesson Learnt

There is no final ruling yet on whether the respondent is a public servant under the Prevention of Corruption Act. That question will be decided at the trial.

Official source (sci.gov.in)View Judgment (PDF)

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