N VYDURAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Applicant in Original Application No.6047 of 2015, on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, 'Tribunal'), is the petitioner in the present Writ Petition, filed under Article 226 of the Constitution of India.

(2.) The present Writ Petition challenges the order, dated 26.10.2018, passed in the said Original Application. By way of the said order, the Tribunal dismissed the Original Application.

(3.) Consequent upon a raid, conducted by the Anti Corruption Bureau authorities, on 20.04.2005, when the applicant-petitioner herein was working as a Joint Sub Registrar-I at Nellore, the State Government-first respondent herein issued G.O.Ms.No.745, Revenue (Vigilance-VI) Department, dated 02.06.2007, framing as many as 7 charges against the applicant-petitioner herein. In response to the same, applicant-petitioner herein submitted her written statement of defence. Subsequently, vide G.O.Rt.No.1936, Revenue (Vig.VI) Department, dated 15.10.2008, the State Government-first respondent herein appointed an Enquiry Officer. Thereafter, vide G.O.Rt.No.1771, Revenue (Vig.VI) Department, dated 19.12.2009, the State Government-first respondent herein appointed a Presenting Officer. The Enquiring authority, after holding enquiry against 20 employees, including the petitioner herein, submitted a report on 12.01.2011. Thereafter, vide Memo No.17783/ Vig.VI(1)/ 2005-12, dated 12.03.2012, while communicating a copy of the Enquiry Report, the State Government-first respondent herein called upon the applicant-petitioner herein to submit her representation, if any, on the findings of the Enquiry Officer, and called upon her to show cause as to why further action should not be taken against her under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. In response to the same, petitioner herein submitted her written representation to the State Government-first respondent herein on 12.05.2012. Since the applicant-petitioner herein retired from service on 30.04.2005, the State Government-first respondent herein issued Memo No.17783/Vig.VI(1)/2005-21, dated 27.03.2014, provisionally deciding to impose penalty of 20% cut in pension permanently, under Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, and asked the petitioner herein to submit her explanation. In response to the same, petitioner herein submitted a representation, as sought in the Memo, dated 27.03.2014, on 12.05.2014. Subsequently, the State Government-first respondent herein addressed a letter, dated 17.10.2014, to the Andhra Pradesh Public Service Commission (APPSC) for necessary approval, and the APPSC granted approval on 02.07.2015. Eventually, the State Government-first respondent herein passed an order, vide G.O.Rt.No.672, Revenue (Vigilance-II) Department, dated 16.07.2015, imposing penalty of 20% cut in pension permanently against the petitioner herein. Challenging the validity and legal sustainability of the said order petitioner herein, by invoking the provisions of Section 19 of the A.P.Administrative Tribunals Act, 1985, filed O.A.No.6047 of 2018 before the Tribunal and the Tribunal, by way of the order impugned in the present Writ Petition, dismissed the said Original Application upholding the order of penalty passed by the State Government-first respondent herein. Hence, the present Writ Petition.