ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to set aside the impugned G.O.Rt.No.167 Department for Women children Disabled and Senior Citizens Estt. A3, dated 6.10.2015 issued by the respondent as illegal, arbitrary, violation of principles of natural justice protracted for 15 years violation of APCS (CC and A Rules 1991 apart from violation of Articles 14, 16 and 21 of the Constitution of India besides treating the period of suspension as on duty and pass such other order or orders…….”

2. Heard Mr. C. Srinviasa Baba, learned counsel appearing for the petitioners and learned Government Pleader for Services-II appearing for the respondents.

3. The case of the petitioner is that while working as Regional Deputy Director at Eluru, she was implicated a false disciplinary proceedings for an alleged incident that took place in December 1999. She was subjected to both departmental and criminal proceedings simultaneously on the same issue. The criminal case bearing S.C No.420 of 2000 filed against her was acquitted by learned Sessions Judge, Eluru vide judgment dated 3.3.2003. However, she was subjected to simultaneous departmental proceedings by issuing a charge memo, dated 3.2.2000. Thereafter, the petitioner has submitted her explanation denying the charges leveled against her. Without taking any action on the 1st charge, the respondent has issued another charge memo vide G.O.Rt.No.96 Department for Women, Children (Estt.A2) Disabled & Senior Citizens dated 22.3.2011 on the same issue. It is further stated that the issue relates to 1999 and a charge memo was issued on 3.2.2000. Questioning the same and also requesting to regulate the period of suspension i.e., from 2.12.1999 to 13.7.2003, the petitioner has preferred O.A No.2492 of 2011 before the Hon’ble A.P. Administrative Tribunal, Hyderabad and the same was allowed vide order dated 2.09.2013, while setting aside the G.O.Rt.No.95, Department for Women, Children (Estt.A2) Disabled and Senior Citizens, dated 22.3.2011, directed the respondents to pass appropriate orders regulating the suspension period of the applicant from 2.12.1999 to 13.07.2033 in accordance with rules, within a period of six weeks from the date of receipt of a copy of that order. However, the respondents have not taken any action. Therefore, she preferred Contempt Application No.1278/2014 before the Tribunal. Though notice was issued by the Tribunal, instead of implementing the orders of the Tribunal, the respondent has issued the present impugned order imposing punishment of 10% cut in the pension of the petitioner for a period of three years vide G.O.Rt.Mo.167, dated 6.10.2015. Challenging the same, the present writ petition has been filed.

4. Counter affidavit has been filed by the respondent denying all the allegations made in the petition and contended that the petitioner has filed O.A. before the Tribunal challenging the orders issued in G.O.Rt.No.167, dated 6.10.2015. The petitioner had retired from service on 31.12.2012 on attaining the age of superannuation. The Government in G.O.Rt.No.458, W.D & C.W. & D.W., dated 4.12.1999 have suspended the petitioner from service as she was involved in a criminal case No.420 of 2000 and sent for judicial custody on the charges of criminal intimidation in connection with an Orphan minority girl by name Shaik Begum alias Manjula. Therefore, the Government vide Memo No.8880/Estt.A2/1999-5, dated 03.02.2000 have issued articles of charges against the petitioner. Thereafter, the petitioner submitted her written statement denying all the charges leveled against her on 25.07.2000. Hence, the Government vide G.O.Ms.No.335, W.D & C.W. & D.W. (Estt.) Dept., dated 26.09.2000 have appointed the Enquiry Officer. Thereafter the Government vide G.O.Rt.No.95 Dept. for W.C. (Estt.A2) D& SCs, dated 22.03.2011 have issued another articles of Charge to the petitioner, as he had failed in filing of FIR on missing of the Orphan