THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE R. KANTHA RAO Writ Petition Nos.15901, 17383 and 18692 of 2010 COMMON ORDER: (per GR,J) Heard Sri T.Suryakaran Reddy, learned counsel for the petitioners, and the learned Government Pleader for Services-I appearing for the first respondent. The applicants in O.A.Nos.2205, 2206 and 2284 of 2005 before the A.P.Administrative Tribunal, Hyderabad (the Tribunal) have filed these writ petitions challenging the common order, dated 28.04.2010, in the OAs. The applicants were working in the office of Zilla Parishad, Medak and in view of the misconduct committed while in service, they were issued Charge Memos alleging irregularities in the performance of duties. The Government ordered a common enquiry under Rule 24 of A.P. Civil Services (Classification, Control and Appeal) Rules, 1991. The disciplinary authority thereupon issued a Charge Memo in respect of one of the applicants. Thereafter, on the basis of the Charge Memos an inquiry was conducted. The Inquiry Officer submitted a report on 10.07.2002 holding the charges proved. Thereupon, the disciplinary authority issued a Memo, dated 28.09.2002, calling upon the applicants to show cause why a penalty of 15% cut in pension be not imposed on them. The applicants submitted their representations against the proposals to impose a cut in pension. Eventually, the disciplinary authority by order, dated 16.06.2004, imposed a cut in pension of 20%, 25% and 30% on the applicants in O.A.Nos.2205, 2206 and 2284 of 2005, respectively. Aggrieved thereby, OAs were filed before the Tribunal contending inter alia that the cut in pension eventually imposed is higher than that proposed in the show cause and as such the same is illegal and unsustainable. Other contentions were also urged to challenge the procedure in the conduct of inquiry. The other contentions were rightly negatived by the Tribunal. Dealing with the imposition of higher quantum of punishment than the one proposed in the show cause, the Tribunal came to the conclusion that it was unsustainable, but instead of relegating the matter to the State Government for consideration de novo which would entale further delay, the Tribunal directed that the cut in pension be reduced to 10%, 15% and 20% for the applicants in O.A.Nos.2205, 2206 and 2284 of 2005, respectively. Consequent on the common order of the Tribunal, dated 28.04.2010, the State Government passed an order in G.O.Rt.No.1046, dated 17.07.2010, reducing cut in pension of 20%, 25% and 30% by the order, dated 16.06.2004, to 10%, 15% and 20% respectively for the applicants in O.A.Nos.2205, 2206 and 2284 of 2005 respectively, as directed by the Tribunal. Sri T.Suryakaran Reddy, the learned counsel for the petitioners, states that though the writ petitions are filed challenging the order of the Tribunal upholding the validity of the disciplinary proceedings leading to the orders imposing cut in pension, while interfering only with the quantum of the cut in pension, the petitioners are satisfied, if the punishment as modified in G.O.Rt.No.1046, dated 17.07.2010, is declared to operate prospectively i.e., from 17.07.2010. There is considerable force in the contention of the learned counsel for the petitioners that the order, dated 16.06.2004, (assailed before the Tribunal) was unsustainable as a higher cut in pension was imposed than that proposed in the show cause notice. Since the order is invalid, the Tribunal ought to have declared the same as illegal and unsustainable, but instead exercised its discretion and in the interests of avoiding further delay in the matter, ordered the cut in pension to be 10%, 15% and 20% respectively in the three OAs. The State Government concurred with the findings of the Tribunal and by order in G.O.Rt.No.1046, dated 17.07.2010, modified the punishment. Since the revised punishment of cut in pension, of 10%, 15% and 20% is imposed vide order, dated 17.07.2010, it is but appropriate that the cut in pension should operate prospectively from 17.07.2010. On the aforesaid analysis, the writ petitions are disposed of declaring that the cut in pension in respect of the applicants in O.A.Nos.2205, 2206 and 2284 of 2005 shall be at the rate of 10%, 15% and 20% with effect from the date of issue of G.O.Rt.No.1046, Panchayat Raj and Rural Development (VIG.III-A) Department, dated 17.07.2010. No order as to costs. __________________________ GODA RAGHURAM, J ________________________ R. KANTHA RAO,J Dt.04.08.2010 VGB