ORDER :

Heard the Learned Counsel for the Petitioner and learned Government Pleader for Forests.

2. This Writ Petition is filed to issue a Writ of Mandamus, in imposing the punishment of 15% cut in pension permanently against the Petitioner vide G.O.Ms.No.12 EFS&T (For.III) Department dated 12.09.2014 and rejection of his mercy petition vide Govt. Memo No.16/For.III/ A1.1/2017 dated 29.05.2017 respectively as illegal, unjust and contrary to the mandatory provisions of the Rule 21 (3) of the A.P.C.S (CC & Rules) and consequently hold that the petitioner is entitled for all pensionary benefits with an interest of 9% per annum from the date of retirement to till the date of actual payment.

3. The case of the Petitioner, in brief, is as follows:

a) Petitioner had been working as Manager, Wild Life Management Circle, Hyderabad and was issued with a Charge Memo vide Rc.No.14858/2000-A2 dated 23.06.2000 by the 2nd respondent, alleging that there is improper supervision of the office work and failure to take prompt action in the file No.576/96/S2 for encashment of Bank Guarantee worth Rs.6,70,000/-.

b) The 2nd respondent is appointed as Conservator of Forests, Khammam Circle, Khammam as Enquiry Officer vide proceedings Ref.No.14858/2000/K2 dated 25.07.2000. Enquiry officer submitted report holding that the charges levelled against the petitioner are proved without following the due process under rule 20 and the Government vide G.O.Ms.No.66 dated 28.05.2008 imposed the punishment of 15% cut in pension permanently besides recovery of Rs.2,25,334/-.

c) Petitioner had challenged the same vide O.A. No. 5355 of 2008 before the A.P. Administrative Tribunal and the A.P. Administrative Tribunal set aside the impugned G.O.Ms.No.66 E.F.S&T dated 28.05.2008.

d) Pursuant to the orders of A.P. Administrative Tribunal, the Enquiry Officer had submitted the enquiry report vide Rc.No.6020/1997-M1 dated 10.11.2011 and held that the charges against the petitioner are not proved.

e) Petitioner had filed O.A. No. 4390 of 2012, to quash the charge Memo Issued vide Ref.No.14858/2000-A2 dated 23.06.2000for abnormal delay in concluding the disciplinary proceedings. The said O.A. was disposed on 25.06.2011 directing to pass orders in enquiry report.

f) Without assigning any reasons, the government has issued Show Cause Notice and also disagreed with the findings of the Enquiry Officer.

g) In the instant case, the Government has issued show cause notice on 24.05.2013, not only disagreeing with the findings of the Enquiry Officer but also imposed the punishment under Rule 9(1) of A.P. Revised Pension Rules, 1980, which is not permissible in the rule of law. By not assigning any reasons while disagreeing to the findings of the enquiry officer report by the Government is in violation of Rule 21 (2) and (3) of A.P.C.S (CC&A) Rules, 1991. i) Petitioner had preferred an mercy petition to the Government on 21.12.2016 requesting the Government to consider the case and review the punishment imposed against the petitioner and release entire pensionary benefits but the same had been rejected by the Government. Hence the Writ Petition.

4. The counter affidavit filed by the Respondents, in brief, is as follows:

a) Against the charges mentioned in the Charge sheet, the petitioner had submitted the explanation dated 07.09.2000. The Enquiry by the Enquiry Officer concluded that the charges made against the petitioner are proved and the same were communicated to the petitioner.

b) Petitioner submitted defense statement on 22.10.2001. The report had further been submitted to the Government on 18.07.2002 requesting to issue necessary orders.

c) The Government then issued show cause notice on 19.12.2007 indicating a punishment of 15% cut in pension permanently under Rule 9 of AP Revised Pension Rules, 1980 and the petitioner submitted the defense statement on 22.01.2008 against the show cause notice.

d) The Government after examining, issued orders imposing a penalty of 15% cut in pension perman