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2021 Supreme(Mad) 689

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Executive Director, Corporation Bank, Mangalore – Appellant
Versus
P. R. Shantharam – Respondent


Advocates Appeared:
For the Appellants :Anand Gopalan for M/s. T.S. Gopalan & Co., Advocates.
For the Respondent:N.G.R. Prasad for M/s. T.N. Sugesh, Advocates.
.

JUDGMENT :

Sanjib Banerjee, J.

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 03.09.2012 passed in W.P.No.20857 of 2004.

1. The appeal is directed against a rather disturbing order by which an apparently corrupt bank official has been exonerated without so much as the primary charges proved against him being discussed in course of the adjudication before the Writ Court.

2. Indeed, so gross were the charges and so conclusively were they proved against the writ petitioner in the domestic forum that the primary charges have been skirted in course of the appeal while referring to the lesser, on-the-fringe charges.

3. The judgment and order impugned is of September 3, 2012 and it covers pages 150 to 189 of the appeal papers. After the initial few introductory paragraphs, all the charges are quoted till page 153 before the contentions raised on behalf of the writ petitioner and the judgments cited on his behalf are noticed with copious extracts therefrom. At page 161 of the appeal papers, begins paragraph 22 of the judgment which appears to record the first charge and the explanation of the writ petitioner to such charge and it is followed up with the remai

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