THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO.13709 2010 22-06-2010 BETWEEN; The Government of A.P rep. by its Principal Secretary, PR& RD Department, Hyderabad ...Petitioner vs. G.Venkateswarlu son of Late Basavaiah and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO. 13709 of 2010 ORAL ORDER: (Per GR,J) The 1st respondent retired on superannuation while serving as Superintending Engineer in the Panchayat Raj Department. After hi retirement on 21-06-2004, a charge memo was issued alleging that whil serving as an Executive Engineer the petitioner had deviated from th prescribed tender procedures in respect of RRM works of Kandukur Division namely by affording only nine (9) days time for submission o tenders as against the prescribed period of 14 days and thereby cause potential loss to the State on account of avoidance of competitive bidding The 1st respondent submitted his explanation on 21-07-2004. Eventually an Inquiry Officer was appointed to conduct inquiry under the provisions o the A.P. Revised Pension Rules,1980. The Inquiry Officer submitted report and the 1st respondent was issued a show cause notice on 16-09 2006 calling for his explanation. The respondent submitted hi explanations on 12-10-2006, 06-12-2006 and on 12-03-200 denying the charge and rebutting the conclusions of Inquiry Office Eventually and in fullness of time, the State in G.O.Rt.No.1557, PR&RD (Vig.IA) Department, dated 16-10-2008 imposed on the 1st respondent th penalty of 10% cut in pension besides stoppage of the entire gratuit payable. Aggrieved, the petitioner filed O.A.No.10759 of 2009 before th learned A.P. Administrative Tribunal (Tribunal). The Tribunal by the impugned order set aside the punishmen imposed and remanded the matter to the Government for a de nov decision as to the appropriate quantum of punishment to be imposed. Th Tribunal recorded a finding that the conduct of the 1st respondent herein i deviating from the tender procedure was an irregularity but in the absenc of any loss caused to the State Government established or attribution o any mala fides, the imposition of 10% cut in the pension coupled wit withdrawal of the entire gratuity benefits as punishment is disproportionat to the misconduct charged and proved. Having carefully considered the inquiry report dated 25.03.200 submitted by the Commissioner of Inquiries and the orders of the Stat Government in G.O.Rt.No.1557, dated 16.10.2008 (imposing the penalt on the petitioner under the provisions of A.P. Revised Pensio Rules,1980) this court finds no revisable infirmity in the order of th Tribunal warranting interference under Article 226 of the Constitution The 1st respondent no doubt as found by the Commissione of Inquiries, approved by the Government and affirmed by the Tribunal a well, did commit an irregularity in shortening the period for receipt o tenders from the date of publication of the tender notification and that suc constriction of the period potentially disabled competitive bidding However, there is no material on record and none has been recorded b the Commissioner of Inquiries on a comparative analysis of bids receive for similar works that any quantifiable loss has been caused to the State a a result of the petitioner’s conduct. Proportionality of penalty wher misconduct is proved is an aspect integral to a fair process in disciplinar matters. This position is well settled. On the facts available on record, a the Tribunal rightly concluded, the composite penalty of 10% cut in th pension and withholding of the entire amount of gratuity of the 1s respondent appears disproportionate. On the aforesaid analysis, this court finds no reason to interfere i this writ petition and writ petition is accordingly dismissed at the stage o admission after hearing the learned Government Pleader for Services- and Sri K.R.Srinivas, the learned counsel for the 1st respondent. No costs ______________ GODA RAGHURAM,J ______________ R.KANTHA RAO,J 22ND JUNE 2010. TSNR