Judgement

SEN, J.:- This is an application made by one T. V. Choudhary, a Member of the Indian Administrative Service, under suspension, for recalling the Courts orders dated May 5, 1986 and August 11, 1986 passed in Special Leave Petition No. 14045 of 1985.

2. We shall first deal with the Special Leave Petition of E. S. Reddi, a member of the Indian Administrative Service belonging to Andhra Pradesh cadre and who worked as the Vice-Chairman-cum-Managing Director of the Andhra Pradesh Mining Corporation. It is directed against a judgment of the Division Bench of the High Court dated October 18, 1985 reversing the judgment and order of a learned single Judge dated September 2, 1985 and dismissing his petition under Art. 226 of the Constitution. By the writ petition, the petitioner had called in question the validity of an order of the State Government of Andhra Pradesh dated February 11, 1985 placing him under suspension under sub-r. (1) of R. 13 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963. The main grievance of the petitioner before the High Court was that the impugned order of suspension was wholly mala fide, arbitrary and irrational and violative of Art. 14 of the Constitution as there was no justification for the differential treatment meted out to him while the applicant T. V. Choudhary, also a member of the Indian Administrative Service, who worked in various capacities viz. as General Manager, Functional Director. Member, Board of Directors and Vice-Chairman-cum-Managing- Director and was involved in the commission of the alleged irregularities, had merely been transferred from the Corporation and posted as Managing Director, Andhra Pradesh State Textile Development Corporation. That objection of his was sustained before the learned single Judge who by his judgment dated September 2. 1985 quashed the impugned order of suspension. The Division Bench however by the judgment under appeal has reversed that judgment and dismissed the writ petition holding that the findings arrived at by the learned single Judge are not warranted by the material on record.

3. Civil Miscellaneous Petition No. 25510/ 86 is filed by R, Parthasarthy, a member of the Indian Administrative Service who was Vice -Chairman-cum-Managing Director of the Corporation for the period from March, 1979 to October, 1979 and was working as the Commissioner of Commercial Taxes, while Civil Miscellaneous Petition No. 25533/86 is by T. V. Choudhary, also a member of the Indian Administrative Service and who was working as the Managing Director of the Andhra Pradesh State Textile Development Corporation. These two applications are for recalling the Courts orders dated May 5, 1986 and August 11, 1986 on the ground that they prejudicially affect the applicants. The matter relates to defalcation of a huge amount of Rs. 1.50 crores by certain officers of the State Government whose services were placed on deputation with the Corporation. Admittedly, the Anti-Corruption Bureau, Andhra Pradesh has registered a case against these officers for having committed alleged offences punishable under S. 120-B read with S. 420 of the Indian Penal Code and S. 5(1)(d) of the Prevention of Corruption Act, 1947 as its preliminary report revealed a prima facie case against them.

4. On December 12,1985 the Court issued notice on the Special Leave Petition. It appeared from the counter-affidavit filed by the State Government that the Anti-Corruption Bureau had finalised the investigation and the Director General had submitted his report dated March 25, 1986 which was under consideration of the Government. It also appeared that the State Government of Andhra Pradesh had addressed letters dated May 2, 1984 for sanction of the Central Government under S. 6(1)(a) of the Prevention of Corruption Act, 1947 for the prosecution of R. Parthasarthy and of the State Government of Maharashtra for the prosecution of P. Abraham, I.A.S. as he is borne on the Maharash