ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief :

“…..to issue a Writ, Order or direction to declare the impugned orders passed by the 1st respondent in G.O.Ms.No.25, Environment, Forests, Science and Technology (For.III) Department dated 14.03.2017 for imposing penalty of 50% cut in pension permanently under Rule 9 of A.P. Revised Pension Rules, 1980 as illegal, arbitrary and violative of Articles 21 and 311(2) of the Constitution of India and consequently declare that the applicant is entitled for full pension with all retirement benefits with interest at the rate of 14% p.a. and pass such other orders....”

2. Heard Mr. P.V. Ramana, learned counsel for the petitioner; learned Government Pleader for Services-I for the respondents.

3. Brief facts of the case of the petitioner is that he initially appointed as Forester on 04.03.1976 and retired from service on 58 years on 31.07.2006 as Deputy Range Officer. While he was in service at Chittoor (West) Range he was kept under suspension on certain allegations and framed articles of charges dated 03.02.1998. The petitioner submitted his explanation on 21.04.1998 and denied the charges. Later the 2nd respondent framed articles of Charge on 06.05.2003 for which the petitioner submitted his detailed reply dated 06.01.2005. An enquiry was initiated against the petitioner, the enquiry officer submitted his report. On receiving the same, the petitioner submitted objections dated 18.04.2007 and also the petitioner also submitted another representation dated 24.03.2008 requesting to pass orders on the enquiry in view of his financial crisis and for grant of full pension and other benefits. Instead of passing final order, a Show-cause notice was issued dated 14.11.2014 proposing 50% cut in pension permanently against the petitioner. The petitioner submitted his reply dated 21.02.2015. Without considering the objections, after lapse of two years, the impugned order in G.O.Ms.No.25, dated 14.03.2017 issued to the petitioner and imposed 50% cut in pension permanently, which is illegal and arbitrary. Hence the Writ Petition came to be filed.

4. Per contra, 1st respondent filed counter-affidavit denying all material allegations and mainly contended that while the petitioner worked as Forest Range Officer, Chittoor West Range from 24.04.1995 to 14.08.1997 he committed grave misconduct of submitting a false report with the connivance with other department people along with Forest Department namely Mr. P.V. Padmanabham and others, so as to help the 11 contractors for quarrying black granite within the Reserve Forest Area of Votivaripalle Village, Patrapalle Village and Kottalam Village of Yadamari Mandal, Chittoor District. Based on false report, the Divisional Forest Officer, Chittoor West Division issued a No Objection Certificate and thereafter the Mandal Revenue Officer, issued No Objection Certificate to 11 applicants/ contractors for quarrying black granite in Sy.No. 228. Therefore the petitioner was initially served with a Charge Memo dated 03.02.1998 and initiated enquiry. The Enquiry Officer conducted enquiry and holding that the charges against the petitioner are proved. After careful examination of the issue, the Government issued show-cause notice on 14.11.2014. On the basis of enquiry report the Government issued G.O.Ms.No.25, dated 14.03.2017 imposing the penalty of 50% cut in pension permanently under rule 98 of A.P. Revised Pension Rules. Hence, requested to dismiss the writ petition.

5. During hearing, learned counsel for the reiterated the contents urged in the writ petition. Whereas learned Assistant Government Pleader for the respondents vehemently opposed to grant relief in favour of the petitioner as he was committed grave irregularities and misused the official powers while discharging his duties. Therefore the respondent authorities decided to cut 50% of pension on him.

6. Learned counsel for the petitioner placed rel