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Ordinance (11 of 970), Ss. 2(c) & 8‑Government servant removed from service No more a Government servant‑Appeal under S. 8 competent only by Government servant ‑ Appeal, even though filed while still in service, yet no longer competent after removal from service Postponement of hearing of appeal under S, 8 sine die till decision of writ petition, filed against order of removal from service, held, not desirable but appeal directed to be restored if status of appellant restored.
Appellant in person.
A. G. Humayyun, Government Pleader for Respondent No.1.Inteaar Hussain for Respondent No. 5.
Respondents Nos. 20, 25, 21, 3, 4 and 18 in person.
By Notification, dated 4th December 1970, the appellant has been removed from service with immediate effect on charges of misconduct and corruption stated to have been proved against her. She is no more a Government servant as defined in clause (c) of section 2 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970. A As an appeal under section 8 of the Ordinance is only competent, by a Government servant, this appeal is no longer competent though at the time of filing her appeal she was a Government servant.
The appellant has taken steps to remove by writ the order of her removal from service, but her petition has not yet been admitted, and even if it is admitted, it may take many years to decide. Therefore, we do not consider it advisable to g postpone the hearing of this appeal sine die. We dispose of this appeal for the time being to be restored in case the status of the appellant as Government servant is restored. This appeal is, therefore, disposed of as such.
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