S. B. SINHA. J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against a judgment and order dated 28. 2. 2005 passed by a Division Bench of the High Court of Andhra Pradesh at Hyderabad, in Writ petition No. 9412/1998 questioning the correctness of the judgment and order dated 17. 4. 2003 passed by the Andhra Pradesh Administrative Tribunal in O. A. No. 4866/ 2001 and C. A. No. 758/2001.

( 3 ) THE basic fact of the matter is not in dispute. Respondent herein was working as a principal in various colleges, situated in the state of Andhra Pradesh. On or about 18. 7. 1992. , several charges of misconduct were framed against him. A departmental proceedings was initiated. In the said departmental proceedings, the Inquiry Officer submitted his report on 8. 1. 1992. However, before any action could be taken pursuant to and in furtherance of the said report, the respondent retired on 30. 6. 1992.

( 4 ) A proceeding was initiated against the respondent upon services of a notice to show cause as to why 50% of the provisional pension fixed in his favour in terms of an interim order dated 18. 3. 1993 in O. A. No. 992/1993 passed by the Director of intermediate Education, Hyderabad, or