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Civil Petition for Special Leave to Appeal No. 232 of 1968, decided on 7th November 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the .12th March 1968, in Writ Petition No. 35/S of 1968).

Art. 177 (1) (b) Person charge‑sheeted and on his plea of guilty dismissed from service Whether dismissal proper without a second show‑cause notice Special Leave to Appeal granted by Supreme Court to consider question.

Khan Nemat Khan, Advocate Supreme Court instructed by S. Abdul Karim, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 7th November 1968.

The petitioner, Muhammad Umar Saeed, was a Junior Clerk in the office of the District Health Officer, Muzaffargarh. An Audit Party, on checking the cash book of the office, found :‑

(a) that some missing entries had been made up ;

(b) that the remarks recorded by the Director, Health Services had been erased from the cash book, and

(c) that an excess amount of Rs..4,402.84 was paid to one, Manzoor Baig, a Male Nurse, as arrears .of salary.

He was charge‑sheeted and on his plea of guilty he was dismissed from service with effect from 15th October 1965, by the Senior Assistant Director, Health Directorate, Sargodha Region, Multan. He then moved a writ in the High Court against the said order, but the same was dismissed. He now seeks special leave to appeal to this Court.

The learned counsel has challenged the order of dismissal on the ground that no second show‑cause notice was issued to him before the final order of dismissal, as required under Article 177 (i) (b) of the Constitution as well as under rule 9 of the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960.

We think this point requires consideration. We, accordingly grant leave .to appeal to consider the above point only. Security Rs. 1,000.

Leave granted.

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