SURESH KUMAR KAIT,J. - (1.) Vide the present petition, the petitioners have assailed the order dated 16.06.2005 passed in O.A.No.8592 of 2003 and O.A.No.162 of 2002, whereby, O.A.No.162 of 2002 filed by the respondent herein was allowed with liberty to the respondents therein to pass any other orders which shall be in uniformity with the orders passed in respect of similarly situated persons irrespective of the ranking. It was further directed, the respondents shall be reinstated in service forthwith at any rate, within a period of two weeks from the date of receipt of a copy of the order.
(2.) Being aggrieved, the petitioners challenged the aforesaid order in the instant petition. This Court, vide order dated 23.08.2005, had suspended the order passed by the learned Tribunal, which is in operation till date.
(3.) As stated in the instant petition, vide proceedings Rc.No.7643/2000-B1-A, dated 05.09.2001 of the first petitioner, the respondent-Inspector of Sericulture, was imposed with punishment of "Compulsory Retirement from Government service" under Rule-9 (vii) of A.P.C.S. (CC&A) Rules 1991 for proven charges of disposing of Cocoons to private parties without prior permission of higher authorities resulting in keeping the silk reeling unit idle. Moreover, not attending to his duties regularly in spite of specific instructions of higher authorities, issuing telegram to the Director of Sericulture in the name of Sericulture staff making complaint against the Assistant Director of Sericulture, Srikakulam. The Assistant Director of Sericulture, Head Office has conducted verification/inspection of the office of Assistant Director of Sericulture, Srikakularm from 20.07.2000 to 22.07.2000 and submitted his report dated 26.07.2000. Among others, the following were reported, as under: 1) The said telegram dated 12.07.2000 making allegations against the Assistant Director of Sericulture, Srikakulam was issued by the Sri V.V. Bhaskar Kumar, Inspector of Sericulture, Silk Reeling Unit, Srikakulam. 2) that the said Sri V.V. Bhaskar Kumar, the then I/c of the Silk Reeling Unit had disposed 273 Kgs of dried cocoons to a private party without prior permission of the higher authorities and during the Asst. Director of Sericulture, Srikakulam was under training in I.O.A., Hyderabad. As a result the staff and reeling unit was kept idle for want of reeling cocoons from 10.02.2000. 3) Further reported that the individual is not attending to duty regularly in spite of instructions of the higher authorities. ;