Administrative authorities must consider the findings of a competent criminal court, particularly an acquittal, when determining disciplinary penalties such as withholding pension, to avoid arbitrary and illegal actions.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of Respondent No.1 in awarding the punishment of withholding entire pension to the Petitioner vide G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05-2024 as arbitrary, illegal and violation of Article 14, 19 and 21 of the Constitution of India and consequently set aside the impugned G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05-2024 issued by the 1st Respondent with a consequential direction to continuo to pay the pension to the Petitioner in the interest of justice.

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to continue to pay the pension to the Petitioner by suspending the impugned G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05-2024 issued by the 1st Respondent pending disposal of the writ petition

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave for filing of the counter affidaivt in WP No. 17778 of 2024 and pass

Counsel for the Petitioner:

1. P NAGENDRA REDDY

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following ORDER:

1. The present Writ Petition is filed aggrieved by the action of Respondent No.1 in awarding the punishment of withholding the entire pension to the petitioner vide G.O.Ms.No.24, Environment, Forests, Science and Technology (SEC.IV) Department, dated 22.05.2024, as being arbitrary and illegal.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The learned counsel for the petitioner has placed reliance on the proceedings of the Principal Chief Conservator of Forests dated 28.05.2010, wherein the disciplinary authority, after considering the report of the Enquiry Officer, passed the following orders:

“Sri Valli Basha, Forest Range Officer, formerly of Bandi Atmakur Range of Nandyal Division, Kurnool Circle, was awarded the punishment of reduction to the basic minimum for a period of one year, which would have the effect of postponing increments, besides recovery of Rs.1,96,613/-. An appeal against the said order lies with the Special Chief Secretary to Government, EFS & T Department, Government of Andhra Pradesh, Hyderabad, within 90 days from the date of issue of the order. The order was issued in duplicate, and the receipt of the same was required to be acknowledged on the duplicate copy and returned to the undersigned.

4. Assailing the said order, the petitioner filed O.A.No.579 of 2017 before the Andhra Pradesh Administrative Tribunal, and the said O.A. was considered and disposed of vide order dated 30.01.2018 with the following observations:

“In view of the above and in terms of the orders passed by the Tribunal in O.A.No.4268 of 2015 dated 20.01.2017, the impugned order of punishment in proceedings No.37734/04/K1-K3(i) dated 28.05.2010 and the consequential order of rejection in Memo No.7431/For.IV/A1/2010 dated 05.07.2016 are liable to be set aside and are accordingly set aside. The respondents were directed to conduct a joint enquiry against the applicant along with the