In companypliance with the Courts order, the State Government placed before us the letter of the State Government dated May 2, 1984 as also the report of the Director General, Anti Corruption Bureau, Andhra Pradesh dated May 25, 1986.
The matter relates to defalcation of a huge amount of Rs.
On December 12, 1985 the Court issued numberice on the Special Leave Petition.
It appeared from the companynter affida vit 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 companysideration of the Government.
255 10/86 as the applicant had already made a representation to the State Government.
891 of 1985.
14045 of 1985.
The Judgment of the Court was delivered by SEN, J. This is an application made by one T.V. Choud hary, 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.
14 of the Constitution as there was numberjustification 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 capaci ties viz.
Dr. Y.S. Chitale, learned companynsel appearing for the State Government fairly agreed that the said representation would be companysidered by the Government on merits.
Shyamala Pappu, learned companynsel appearing for Parthasarthy very properly prayed for leave to withdraw M.P. NO.
25533/86 is by T.V. Choudhary, also a member of the Indian Administrative Serv ice and who was working as the Managing Director of the Andhra Pradesh State Textile Development Corporation.
as General Manager, Functional Director, Member, Board of Directors and Vice Chairman cure Managing Director and was involved in the companymission of the alleged irregulari ties, had merely been transferred from the Corporation and posted as Managing Director, Andhra Pradesh State Textile Development Corporation.
It appears from the letter that sanction of the Central Government is necessary under s. 6 1 a of the Prevention of Corruption Act, 1947 for the prosecution of R. Partha sarthy, IAS and that of the State Government of Maharashtra for the prosecution of P. Abraham we have perused the report of the Director General and it cannot be said that the charges levelled against the petitioner are groundless.
It is somewhat surprising that the petitioner alone should have been placed under suspension by the State Government pending companytemplated departmental enquiry under r. 13 of the A.P. Civil Services Clas sification, Control Appeal Rules, 1963 and number the other two officers T.V. Choudhary and M. Rao Choudhary, the then Managing Director who it appears are equally culpable.
She prayed that a direction be made requiring the Government to companysider the representation at an early date.
The main grievance of the peti tioner before the High Court was that the impugned order of suspension was wholly mala fide, arbitrary and irrational and violative of Art.
14045 of 1985.
Dr. Y.S. Chitale, T.V.S.N. Chaff, Ms. Vrinda Grover and Ms. Sunila Monigude for the Respondents.
CIVIL APPELLATE JURISDICTION Civil Miscellaneous Peti tion No.
We shall first deal with the Special Leave Petition of 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.
255 10/86 is filed by 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.
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.
Civil Miscellaneous Petition No.
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.
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 number warranted by the material on record.
After the matter was heard at a companysiderable length, Smt.
IN THE MATTER OF T.V. CHOUDHARY, A MEMBER OF THE INDIAN ADMINISTRATIVE SERVICE UNDER SUSPENSION WITH Special Leave Petition No.
It also appeared that the State Government of Andhra Pradesh had addressed letters dated May 2, 1984 for sanction of the Central Gov ernment under s. 6 1 a of Prevention of Corruption Act, 1947 for the prosecution of R. Parthasarthy and of the State Government of Maharashtra for the prosecution of P. Abraham, A.S. as he is borne on the Maharashtra cadre and was on deputation to the Andhra Pradesh.
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, Con trol Appeal Rules, 1963.
25533 of 1986.
From the Judgment and Order dated 18.10.1985 of the Andhra Pradesh High Court in W.P. No.
1.50 crores by certain officers of the State Government whose services were placed on deputation with the 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.
Admittedly, the Anti Corruption Bureau, Andhra Pradesh has registered a case against these officers for having companymitted alleged offences punishable under s. 120B 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.
After hearing the parties on May 5, 1986, we made the following order In companypliance to this Courts order, Shri P. Ram Reddy, learned companynsel for the State Government places before us the letter of the State Government dated May 2, 1984 as also the report of the Director General, Anti corrup tion Bureau, Andhra Pradesh dated March 25, 1986.
PRao, Mrs. Shyamla Pappu, B. Kanta Rao, Ms. Malini Poduval, B. Parthasarthi, Mrs. Indra Sawhney and B.B. Sawh ney for the Petitioner.
