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Case No. 389 of 1977, decided on 11th November, 1979.

-----S. 4‑Headmaster Middle School disobeying orders regarding a Teacher transferred and allowing resumption of duty by newly‑posted teacher despite repeated reminders‑Declared unfit to hold independent charge after service of charge‑sheet and inquiry‑Arrangement of holding independent charge only an administrative decision and not provided under rules‑Matter, held, not fit for interference by Tribunal.

By this appeal, Malik Muhammad Khurshid, seeks to declare as void the order dated 30‑3‑1977 made by the District Education Officer, Sialkot, whereby the appellant was declared unfit to hold independent charge and his one increment was withheld for two years with effect from 1‑12‑1976.

2. The charge against the appellant was that while he was Headmaster of the Government Middle School, Bhilomohar in Sialkot District, a teacher named Muhammad Raliq Shad was posted to his school vice another teacher named Nazir Hussain. The appellant was satisfied with Nazir Hussain and had a poor opinion about Muhammad Rafiq Shad whom he did not allow to join duty. The posting order was followed by three letters which successively called upon the appellant to relieve Nazir Hussain and permit Muhammad Rafiq Shad to take up his appointment. The last letter warned him of disciplinary action for his disobedience of orders, but the appellant did not comply with the directions and was suspended from service vide order dated 16‑9‑1976 and a charge‑sheet was served on him soon after. After an enquiry held by the Principal, Govt. Comprehensive High School, Sialkot, who was appointed Enquiry Officer, the appellant received the order which is impugned. His appeal to the Director of Education was turned down on 12‑11‑1979 after a hearing in person.

3. The appellant was heard. . He assails the order of penalty on grounds of illegality as well as mala fide. He also contends that the order regarding independent charge is nowhere provided in the service rules. We have seen the office file relating to the whole matter which came from the District Education Officer, Sialkot. We do not find any deviation from rules and practice so far as the proceedings against the appellant are concerned. On merits too there was no justification for the appellant to flout transfer orders of teachers or impose his own likes and dislikes on the department. On the point of independent charge the department contends that this is an administrative decision and not an order arising out of service rules.

In view of the above we see no reason to interfere in the matter, and the appeal is dismissed.

Appeal dismissed.

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