ORDER :

A.V.Sesha Sai, J.

Heard Smt. K.Pallavi, learned counsel for the petitioner, Sri Aswartha Narayana, learned Government Pleader for Services-I, Sri K.Srinivasa Rao, learned Standing Counsel for respondents 2 and 3 apart from perusing the material available on record.

2. Challenge in the present writ petition is to the order passed by the State Government vide G.O.Ms.No.64, HOME (COURTS-B) DEPARTMENT, dated 19.04.2017 and the consequential order of rejection dated 06.03.2019, rejecting the representation of the petitioner. The petitioner herein joined as Amin in the Court of Munsif Magistrate, Razole on 20.12.1977. After periodical promotions, he retired from service while working as Superintendent in the Agency Court of Judicial First Class Magistrate, Rampachodavaram, East Godavari District, pursuant to the order of compulsory retirement passed by the learned Principal District Judge, Rajahmundry on 01.10.2009. In respect of certain allegations pertaining to the period 27.04.2005 to 16.05.2007, six disciplinary proceedings were initiated. Out of six departmental enquiries, in respect of four, 1st respondent State Government issued G.O.Ms.No.31, LAW (LA&J-HOME-COURTS-D1) DEPARTMENT, dated 05.03.2014, G.O.Ms.No.32, LAW (LA& J. HOME-COURTS-D1) DEPARTMENT, dated 05.03.2014, G.O.Ms.No.33, LAW (LA&J-HOME-COURTS-D1) DEPARTMENT, dated 05.03.2014 and G.O.Ms.No.52, HOME (COURTS-B) DEPARTMENT, dated 06.04.2017, imposing in each of the enquiries, the punishment of 2% cut in pension permanently i.e. total of 8% cut in pension came to be imposed against the petitioner.

3. The petitioner herein did not question the aforesaid orders and filed W.P.No.23113 of 2015 for release of retirement benefits and the said writ petition was disposed of vide order dated 24.11.2015 with a direction to the respondents therein to complete the disciplinary proceedings and to issue final orders at the earliest, in any event not later than two months from the date of receipt of a copy of the order. Subsequently, the State Government while provisionally deciding to issue penalty of withholding 2% pension permanently on the petitioner, called upon the petitioner to submit explanation vide letter dated 17.12.2012.

4. In response to the said show-cause notice, the petitioner submitted his explanation on 12.01.2013. Since the petitioner herein is a retired employee, the State Government in terms of proviso to Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, addressed a letter to the Andhra Pradesh Public Service Commission (APPSC) on 25.11.2013, seeking its advice on the provisional decision. The APPSC vide letter dated 06.08.2016, advised to impose a punishment of 20% cut in pension permanently. Obviously taking the said advise into consideration, the State Government vide G.O.Ms.No.64, HOME (COURTS-B) DEPARTMENT, dated 19.04.2017 imposed on the petitioner the penalty of withholding of 20% pension permanently on the charged officer. Subsequently, on 21.08.2017, petitioner submitted a representation with a request to consider the issues sympathetically and sought reduction to 2%. The said representation came to be rejected by the State Government vide Memo No.1465/Courts.B/2018, dated 06.03.2019.

5. In the above background, questioning the validity and legal sustainability of the order of the State Government passed vide G.O.Ms.No.64, HOME (COURTS-B) DEPARTMENT, dated 19.04.2017 and the Memo dated 06.03.2019, referred to supra, the petitioner herein has come up before this Court with the present writ petition.

6. Smt.K.Pallavi, learned counsel for the petitioner contends that the orders impugned in the present writ petition are highly illegal, arbitrary, unreasonable, opposed to the very spirit and object of the provisions of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and the Andhra Pradesh Revised Pension Rules, 1980. Learned counsel further submits in elaboration that since the Government in the show-cause notice pro