HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No. 23577 OF 2010 Thursday, the Seventh Day of October, Two Thousand and Ten Between The Principal Secretary to Government of Andhra Pradesh, Revenue (Vig.I) Department, A.P. Secretariat Buildings, Hyderabad and others Petitioners AND K.Narayana Murthy and another Respondents JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari) Assailing the order dated 8.12.2009 allowing O.A. No. 6649 of 2006 filed by the first respondent herein, reducing the punishment of withholding entire pension to that of 50% for ever, the present writ petition is filed by the official respondents in the O.A. The first respondent, while working as Assistant Commercial Tax Officer, Peddapuram, East Godavari District, was placed under suspension for the alleged involvement in an anti corruption case. He was tried by the Tribunal for Disciplinary Proceedings, Hyderabad and pursuant to the report by the said Tribunal, the first respondent was issued with a show cause notice on 12.6.2006, to which the first respondent submitted explanation dated 31.7.2006. The government on considering the same, issued GO Rt. No. 1097 Revenue (Vig.I) Department dated 9.9.2006, imposing penalty of withholding pension and gratuity in full permanently in term of Rule 9 of the A.P. Revised Pension Rules, 1980, which was assailed by the first respondent before the A.P. Administrative Tribunal in the above O.A. The Tribunal, by the order impugned has allowed the O.A. in part and while confirming the order of the petitioners herein in finding the first respondent guilty of the charge, has reduced the punishment from withholding the entire pension to that of 50% permanently. Aggrieved thereby, the present writ petition is filed by the official respondents in the above O.A. The Tribunal for Disciplinary Proceedings has examined four witnesses and on examination of oral and documentary evidence did not accept the theory of the petitioner that the amount of Rs.1000/- was given towards licence fee. The Tribunal further on appreciation of evidence found that the tainted money was in possession of the petitioner herein and he could not explain as to how he came in possession of the same. The Administrative Tribunal, referring to the narration and sequence of events and the conduct of the petitioner has observed that it is unbecoming of the petitioner being a Government Servant to be in possession of tainted currency and is contrary to the Rules. Observing so, the Administrative Tribunal has concurred with the findings of the Disciplinary Authority, but reduced the punishment, as stated above. Having gone through the entire material available on record, we have no hesitation in holding that the Administrative Tribunal, on an extensive consideration of the lis, has rightly upheld the guilt of the petitioner and having regard to the financial status of the petitioner after retirement consequent to withholding of entire pension and having regard to the gravity of the misconduct and proportionality of punishment, in our considered view has rightly reduced the same to 50%. On consideration of the entire material available on record, we do not find any justifiable reason to interfere with the order impugned. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ____________________ Justice T.Meena Kumari ____________________ Justice G.V. Seethapathy October 07, 2010 MAS.