Case: Union of India and Another Vs. Ashok Kumar Mitra

2. The only question that we are called upon to consider in these appeals is whether the employees of a nationalised bank can be held to be "public servants" within the meaning of Section 21 of Indian Penal Code and triable by Special Courts for the offences triable by those courts.

Reasoning: On a plain reading of the above provision, it follows that the view of the Calcutta High Court in the impugned judgment holding that the Branch Manager of Bank of India is not a "public servant" under Section 21 of IPC is erroneous and cannot bethe fact situation of this case, the argument does not appeal to us. The High Court itself, after considering the facts of the case, came to the conclusion that the delay was not attributable only to the prosecution and that the respondent had himself "handsomely contributed" to the delay. We agree with the above finding of the High Court which is based on facts and hold that on the ground of delay, not attributable only to the prosecution, the respondent cannot challenge his prosecution for various offences for which he was standing trial before the Special Court. The respondent, having himself contributed to the delay in the disposal of the trial, in no small measure, cannot be permitted to take advantage of his own wrong and take shelter under "speedy trial" to escape from prosecution