NIAZMUDDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nizamuddin, who after discharge from Air Force, where he had served from 8.1.1964 to 31.1.1979, was appointed as Sectional Officer (Electrical), now designated as Junior Engineer, on 20.5.1980. Pursuant to his appointment letter aforesaid, he joined the post aforesaid on 22.5.1980. His one increment with cumulative effect was stopped vide order dated 8.4.1985, Annexure P-2. Order, Annexure P-2, reads thus :-

(2.) In the close vicinity of the order aforesaid, a show cause notice under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 was issued to him by virtue of which action was proposed against him on the basis of allegations contained in Annexure P-3 (page 34 of paper book). Same reads as follows :-

(3.) It appears from the records of the case that the petitioner did not respond to the show cause notice and, therefore, his services were terminated vide order dated 13.12.1985, Annexure P-4. It is this order, to which challenge has been confined during the course of arguments, even though it may be mentioned that the petitioner did challenge order, Annexure P-2, stopping his one increment with cumulative effect as also order, Annexure P-15, dated 4.8.1986 vide which, the petitioner was once again asked to quit on his re- employment on 4.8.1986. It may be mentioned here that challenge to Annexure P-15 has been abandoned on the ground that if order, Annexure P-4 is set aside, there will arise no necessity to challenge order, Annexure P-15, as in that case the petitioner will be deemed to be in continuous service eversince the date order, Annexure P-4, was passed.