Prevention of Corruption Act, 1988
S.13 (1)(a) : dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do.
So, even if bribe is not taken by public servant or even if the public servant has not enriched himself but the actions of public servant has converted a property entrusted to such public servant, it will remain a crime under S.13 (1) of PC Act, 1988.
So, if a public sector bank manager allows a borrower to obtain loan amount from such bank without completing formalities or in violation of loan norms or in violation of any law, then such bank manager would possibly come for prosecution under S.13 (1) of PC Act, 1988.
So, if you find any such borrower having obtained any loan from sarkari bank in violation of loan norms, then kindly lodge an FIR against such branch manager for offences under S.316 (4) and S.316 (5) of BNS, 2023. Anyone can file a complaint for PC Act, 1988 read with S.316 (4) and S.316 (5) of BNS, 2023 against such branch manager and there is no provision of law that complaint against bank branch manager under PC Act, 1988 can be lodged only by the Bank/CBI. S.316 (4) and S.316 (5) of BNS, 2023 are cognizable and non-bailable offences so anyone can inform the police about it and police is bound to register FIR in terms of Lalita Kumari Decision [2013].
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