Law:

Section:

Civil Service- ------Disciplinary action-Punishment--Imposition of two penalties one after another on basis of one show-cause notice and one enquiry legal-Accused charge-sheeted and subjected to enquiry-Penalty of stoppage of increment imposed-Another order issued after about two months imposing penalty of removal from service without any fresh show-cause notice or inquiry-Subsequent order, in circumstances, set aside as unsustainable. Namatullah J. Qureshi for Appellant. Abdul Sattar Shaikh, Asstt. A.G. for Respondents JUDGMENT ABDUL WALT MAKHDOOM (Member).-Appellant who was serving as a Primary School Teacher under the respondents was suspended on 16-4-1974 and was served with a charge-sheet by respondent No. 1 who was appointed as an Enquiry Officer to hold an enquiry against the appellant. This was protested to by the appellant through an applications to respondent No.3 but it was not intimated to him as to what happened to that application of his. After the enquiry respondent No. l himself passed an order dated 5-7-1974 to the effect that by way of penalty two increments of his be stopped without cumulative effect. The matter however, did not rest there as without holding any further proceedings in the matter, the very same respondent passed another order on 17-9-1974 ordering the removal of the appellant from service. The appellant had represented against these orders but was not informed as to effect to these representations. Hence this appeal had been filed before us on 16-9-1975. The respondent's case is that the order of removal of the appellant had become expedient in view of Government Directive No. SO (N)-15 (36-74) dated 26-8-1974. We have heard the appellant's advocate and I the learned Assistant Advocate-General. It is an admitted fact that there was only one show-cause notice given to the appellant doted 18-4-1974 on which he had been proceeded i n…

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