IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1776 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 04/09/2008 in WP NO : 19084 OF 2008 on the file of the High Court.) Between: 1 The Government of India, Rep. by its Secretary, Ministry of Home Affairs, Director General CRPF, Block No.1, C.G.O.Complex, Lodhi Road, New Delhi-110003. 2 The Commandant & Inquiry Authority, DIGP, Prinicpal, CTC-II, CRPF, Coimbatore, Tamilnadu. 3 The I.G.P., Group Centre CRPF, Hyderabad. ..... APPELLANTS AND 1 V.B.Srinivastava, S/o. Surendranath Varma, 2-I/C at G.C.CRPF, at Muzaffarpur, R/o. G-111, Mayflower Park, Mallapur, Nacharam, Tarnaka, Hyderabad. 2 The Union Public Service Commission, Rep by its Secretary Dholpur House, Shahjahan Road, New Delhi-110069 .....RESPONDENTS Counsel for the Appellant: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: MR.B.NARASIMHA SARMA The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This writ appeal is directed against the order dated 4.10.2008 passed by a learned Single Judge in W.P.M.P. No. 24871 of 2008 in W.P. No. 19084 of 2008 directing the respondents in the writ petition to pay 75% of the pension to the writ petitioner – first respondent herein during pendency of the writ petition. The first respondent herein filed the above writ petition assailing the order passed by the first appellant herein imposing a cut of 100% monthly pension. The first respondent herein was recruited as Head Constable in the year 1968 and rose to the level of Presiding Officer, Muzaffarpur. While so, 6.7.2005 it is alleged by the first appellant herein that as a Presiding Officer, the first respondent, with a malafide intention to carry out the recruitment of constable GD at Madurai, took Mr. Rewati Reman Jha of GC, CRPF, Muzaffarpur, along with him from Avadi to Madurai with effect from 20.12.2003 to 13.1.2004 without obtaining prior permission from the Competent Authority and in culmination of the enquiry conducted against the first respondent, the respondent No.2 herein issued a letter to the first appellant, directing to forfeit 100% monthly pension. Hence, the first respondent herein filed the writ petition. The learned Single Judge by the order impugned in this Writ Appeal observed that prima facie the punishment of 100% cut in the pension is shockingly disproportionate to that of the misconduct alleged and hence, directed the appellants to pay 75% of the pension to the first respondent – writ petitioner during pendency of the writ petition. Aggrieved thereby, the present Writ Appeal is filed. Admittedly, the present writ appeal assails the interlocutory order. It is submitted by the learned Assistant Solicitor General that counter affidavit is ready. In such circumstances, the appellants herein ought to have filed a Vacate Petition before the learned Single Judge seeking to vacate the interim order, instead of assailing the same in this Writ Appeal. The Writ Appeal is accordingly disposed of directing the Registry to list the Writ Petition No. 19084 of 2008 for final hearing on 6.4.2009 before the learned Single Judge, having roster. Till such time, status quo shall be maintained for all purposes. No order as to costs. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy March 16, 2009 MAS