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1996 Supreme(Ker) 10

K.G.BALAKRISHNAN, P.A.MOHAMMAD
Union of India – Appellant
Versus
Andrew – Respondent


Judgment :-

Mohammed, J.

The appellants are respondents in the writ petition. The appeal is filed against the judgment of the learned single judge in O. P. No. 7316 of 1991 quashing Ext. P8 order of the Union of India, the first appellant in this appeal. The Second appellant is the Reserve Bank of India. Respondent is the writ petitioner, who challenged Ext. P8 order rejecting an appeal filed under Sec. 36 AA(3) of the Banking Regulation Act, 1947 (for short the Act').

2. The respondent was appointed as the Chairman, Bank of Cochin Ltd (now merged with the State Bank of India) on f 8.6.1979, initially for a period of 2 years. Later the appointment was extended from time to time, which was approved by the Reserve Bank of India. However, on 18.11.1982, the Reserve Bank of India issued a notice (Ext. P1) to the petitioner under Sec. 36AA (2) of the Act to show cause why he should not be removed from the office of the Chairman of the Bank, within a period of 3 weeks. The annuxure to show cause notice contained thirteen items of charges against the respondent. The substance of charge Nos.1 to 11 is that the respondent sanctioned credit facilities to certain persons and enhanced certain ex















































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