The Government Of Andhra Pradesh, vs P.V. Ratnam Setty
2022 Latest Caselaw 4652 Tel

                                     1




        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

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

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

AIR 1996 SC 484