THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.5165 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed assailing the order dated 05.03.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) in O.A.No.7742 of 2001, whereby the Tribunal set aside the punishment of 50% cut in the Gratuity payable to the respondent herein and directed the petitioners herein to release the total amount of Gratuity to him, if remained unpaid, and pay the same within sixty days from the date of receipt of the said order. 2. The brief facts of the case are that the respondent, while working as Audit Officer, Local Fund Audit, Khammam, was issued with a charge memo dated 31.12.1994 on the ground that he committed certain irregularities in drawing and disbursing the arrears of Special Compensatory Allowance/Bad Climate Allowance at Venkatapuram, Cherla and Wazeedu, contrary to the instructions issued by the Government. In response to the said charge memo, he submitted his explanation on 16.01.1995. After completion of the enquiry, the respondent was found guilty of the charges and after issuance of the final show cause notice proposing the punishment, the punishment of 50% cut in Pension and Gratuity was imposed on him. Aggrieved by the same, the respondent filed the above said O.A. before the Tribunal and the same was allowed as stated supra. Challenging the same, the petitioners filed the present writ petition. 3. Heard the learned Government Pleader for Services-II and perused the material on record. 4. Learned Government Pleader for Services-II contended that the Tribunal while confirming the orders of the disciplinary authority with regard to the alleged misconduct of the respondent, has committed an error in setting aside the punishment of 50% cut in Gratuity, because the respondent caused pecuniary loss to the Government to the tune of Rs.9,98,150/- and thus, she prays to quash the order impugned by allowing the writ petition. 5. The respondent retired from service on 30.04.2000. Thereafter, the alleged punishment of 50% cut in Pension and Gratuity under Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980 was imposed on the respondent. In the counter filed by the petitioners before the Tribunal, it was stated that out of the excess payment of Rs.9,98,150/- an amount of Rs.66,859/- was recovered. Further, in the order impugned, the Tribunal has observed that the payments made to Teachers in violation of the Rules has already been recovered from them and therefore, no monetary loss is caused to the Government. Since the petitioners have not disputed the said recoveries, we do not find any illegality or irregularity in the order impugned warranting interference by this Court. Accordingly, the Writ Petition is dismissed. No costs. _____________________ GHULAM MOHAMMED,J _____________________ G.BHAVANI PRASAD, J Date:08.03.2010. sj