R. SESHAGIRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the order of Kondaiah, J. made in Writ Petn. 2659 of 1973 dismissing it. The appellant retired on 14th March, 1967 as Deputy Commissioner of Excise having put in 32 years of service. On 1st July, 1968, the Government issued a show cause notice to him why his pension should not be reduced by 25% because of three irregularities committed by him during his service. The appellant sent in his explanation and after considering it, the Government held that the second charge had not been established and so did not take it into consideration. Consequently, they rested their decision on charges 1 and 3 which relate to unnecessary and irregular transfers which the appellant had effected during the last one and half years of his service, and particularly, on the eve of his retirement. After considering the explanation and perusing the records the Govt, decided that a cut of 5 % in the pension should be imposed and not 25% as originally indicated in the show cause notice. That was challenged in the Writ Petition, which was dismissed.

(2.) In appeal, Sri Y. Suryanarayana in a very elaborate argument placed 4 points before us. They are:

(3.) All these aspects have been carefully considered by our learned brother, Kondaiah, J. So, it is not necessary for us to deal with them in a very lengthy manner. So, we will touch upon them very briefly. Pension may be a right to property. But property can be interfered with or taken away in accordance with law. Pension Code is the law relating to pension and it provides for reduction in the pension. So, what had been done by the Government now is reduction in accordance with Art. 470 of the Pension Code. Thus, we find no substance in the first point.