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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE K.SARATH
W.P.No.28741 of 2009
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili)
Aggrieved by the order dated 30.04.2009 passed in
O.A.No.1465 of 2005 by the Andhra Pradesh
Administrative Tribunal, Hyderabad, the present writ
petition has been filed.
Heard Learned Government Pleader for Services-I
appearing for the petitioners and Sri V.Ravi Kiran Rao,
learned counsel appearing for the respondents.
It is the case of the petitioners that 1st respondent was working as Deputy Director and he was involved in financial irregularities and also demanded illegal gratification. Hence, the case of the 1st respondent was referred to the Tribunal for Disciplinary Proceedings and after conducting a detailed enquiry, the Tribunal for Disciplinary Proceedings has submitted a report stating that the charges framed against the 1st respondent were proved. Hence, the State Government has imposed 100% cut in pension vide proceedings dated 27-01- 2005. Aggrieved by the same, the 1st respondent has filed O.A.No.1465 of 2005 before the Andhra Pradesh 2 Administrative Tribunal, Hyderabad and without appreciating any of the contentions raised by the petitioners, the Tribunal has held that the punishment of 100% cut in pension and gratuity appears to be highly disproportionate and set aside the impugned order and remanded the matter back to the disciplinary authority to take appropriate steps to modify the punishment suitably and disposed of the said O.A vide order dated 30-04-2009.
Learned counsel appearing for the petitioners had contended that the State Government has imposed 100% cut in pension against the 1st respondent only for the proven misconduct based on the report submitted by the Tribunal for Disciplinary Proceedings. This particular aspect was not considered by the Tribunal and set aside the impugned punishment order of 100% cut in pension and gratuity imposed against the 1st respondent vide Memo dated 27-01-2005. Therefore, appropriate orders be passed in writ petition by setting aside the order passed by the Tribunal in O.A.No.1465/2005, dated 30-04-2009.
Having considered the said submissions, this Court is of the view that the Tribunal has specifically held that the punishment of 100% cut in pension and gratuity is highly 3 disproportionate and accordingly, remanded the matter to the disciplinary authority to take appropriate action and it is for the petitioners to re-consider the case of the 1st respondent and pass orders. The Tribunal has considered various aspects and has given cogent reasons for arriving such a conclusion. Further, Tribunal has also considered the judgment of the Apex Court in B.C.Chaturvedi vs. Union of India and others1 and also considered the aspect that the Tribunal for Disciplinary Proceedings has held that charge No.1 framed against the 1st respondent was not proved and charge No.2 is partly proved. When the charges are not totally proved, the Tribunal has come to a conclusion that the punishment of 100% cut in pension and gratuity is highly disproportionate. Therefore, the Tribunal was justified in disposing of the said O.A. Hence, We are not inclined to interfere with the order passed by the Tribunal.
Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.
__________________________________ JUSTICE ABHINAND KUMAR SHAVILI __________________ JUSTICE K.SARATH Date: 15.09.2022 rkk 1 AIR 1996 SC 484 4