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Vinayak Narayan Deosthali v. CBI

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 346 of 2004)Decided 2 Dec 2014
Criminal Appeal No. 346 of 2004
Justice Sudhansu Jyoti Mukhopadhaya · Justice Adarsh Kumar Goel

Background

A UCO Bank assistant manager transferred ₹7.75 crore deposited by the Engineering Export Promotion Council into broker Harshad Mehta's private account. Bank receipts were issued for securities that did not exist. The officer appealed his conviction, arguing that the transactions followed banking practice, the money was repaid and he personally gained nothing.

Decision Breakdown

The Court affirmed the convictions for conspiracy, forgery, misappropriation and corruption but reduced imprisonment to the period already undergone. The Council had not authorised transfer of its deposits to Mehta, and the receipts for nonexistent securities demonstrated dishonest conduct. Diverting entrusted public funds for another person's private advantage established the offences even without proof that the officer personally benefited or that the bank suffered loss. Repayment did not establish innocence, and unlawful conduct could not be justified by market practice or instructions from higher authorities. The sentence reduction reflected the overall circumstances without undoing the convictions.

Lesson Learnt

Returning diverted money or acting under a claimed banking practice does not erase deliberate misuse of entrusted funds. A public servant can be liable for giving another person an unlawful financial advantage even without taking a personal share.

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

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