IMPORTANT POINT
The court upheld the disciplinary authority's decision, emphasizing limited judicial review and the necessity of maintaining integrity in public service.

ORDER :

(Ravi Nath Tilhari, J.)

Heard Sri R. Gopi Mohan, learned counsel for the petitioner appearing through virtual mode and Sri Srinivas, learned Assistant Government Pleader for Services-I for the respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed challenging the order dated 18.12.2017 passed in O.A.No.6769 of 2015, by which the A.P Administrative Tribunal at Hyderabad (in short, the Tribunal) has dismissed the present petitioner?s O.A.

3. The petitioner retired from service as Sub-Registrar Grade-II while working at Allur of Sri Potti Sreeramulu Nellore District on 31.10.2010 on attaining the age of superannuation.

4. Before retirement the petitioner was issued with the charge memo dated 25.01.2010 by the Deputy Inspector General of Registration and Stamps, Nellore. The charges read as under:-

“Charge-I:- That Sri P.Ramamohan Rao, Sub-Registrar, Allur formerly Joint Sub- Registrar-II, Registrar Office (O.B), Nellore while discharging the duties as Joint Sub Registrar-II, Registrar Office (O.B), Nellore had committed a grave misconduct by deliberately Registering 44 Documents by violating the Market Value Guidelines and adopting in correct classification of the Documents as remarked in the internal Audit Report Numbers 11, 28, 46 and 79 of 2008 and 1 and 36 of 2009 causing huge loss of revenue of Rs.9,19,870/- to the Government exchequer, thereby violating Departmental instructions and contravened Rule 3 of Andhra Pradesh Civil Services (CC&A) Rules, 1964.

Thus, Sri P.Ramamohan Rao, Sub Registrar, Allur while discharging duties as Joint Sub Registrar-II, Registrar Office (OB), Nellore by his above mentioned Acts has exhibited lack of integrity, devotion to duty and conduct unbecoming of a Public Servant and thereby contravened Rule-3 of Andhra Pradesh Civil Services (CC&A) Rules, 1974.

Charge No-ll:

Thus Sri.P.Ramamohan Rao, Sub Registrar, Allur while discharging the duties as Joint Sub Registrar-II, Registrar Office (O.B), Nellore had committed a grave misconduct by deliberately registering the Government Lands as remarked in the Internal Audit Report Nos.46 and 79 of 2008 and 1 and 36 of 2009 at Registrar Office (O.B), Nellore by colluding with the parties by violating the Section 22-A of Registration Act and instructions in Circular Memos Nos.G1/38719/93, dated 13.07.1995 and Memo No.G1/15653/06, dated 13.11.2006 without obtaining the Mandal Revenue Officers No Objection Certificates/without duly confirm the same by the District Collectors concerned, with ulterior motive registered the Government Lands and thereby contravened Rule-3 of Andhra Pradesh Civil Services (Conduct) Rules. 1964."

5. The District Registrar, Nellore was appointed as Enquiry Officer. He submitted the enquiry report on 08.12.2011, after making enquiry. The copy of the enquiry report was supplied to the petitioner and the petitioner filed his representation/written statement. Thereafter, the Deputy Inspector General of Registration and Stamps submitted report to the Government for taking necessary action, as the applicant had retired from service in the meantime, the Government issued G.O.Ms.No.104 Revenue (VIG.VI) Department, dated 15.02.2013 imposing penalty of withholding of 100% pension permanently, besides recovery of loss of revenue of Rs.9,19,870/- to the Government exchequer. The punishment was imposed after consultation with the Andhra Pradesh Public Service Commission.

6. The petitioner filed the revision upon which the Government vide G.O.Rt.No.1108 Revenue (vig.II) Department dated 08.12.2014 modified the punishment to the extent of recovery which was limited to Rs.1,45,580/- instead of Rs.9,19,870/-. The punishment of 100% cut in pension was confirmed. The petitioner?s review petition was also rejected on 28.05.2015.

7. Challenging the order dated 28.05.2015, the petitioner filed O.A.No.6769 of 2015 before the Tribunal which has been dismissed by the order dated 18.12.2017 impugned in the writ