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Appeal No. 55 of 1979, decided on 11th December, 1980.
‑‑‑ Disciplinary action‑Complainant cannot be a judge in his own cause‑Equity‑Principle of‑Authority competent to remove being annoyed due to alleged misbehaviour and insolence of accused‑Passing order of removal from service after issue of show‑cause notice‑Action, held, against principle of equity- Complaint, in circumstances, held, should have been made to next higher authority‑Impugned order set aside and question of fresh inquiry left to discretion of Government ‑Sind Service Tribunals Act (XV of 1973), S. 4.
‑‑The appellant was removed from service as a result of the show‑cause notice dated 3rd February, 1979, signed by Dr. K. Y. Ansari, Director, Health Services, Sind, Hyderabad in his capacity as ‑Authority". The allegations in this show‑cause notice are all personal allegations that the appellant bad challenged the imparti ality and cast aspersions upon the administration of the Director Dr. K. Y. Ansari. The entire show‑cause notice appears to be the result of personal annoyance caused by the appellant in his representation against the previous charge‑sheet resulting in stoppage of one annual increment without cumulative effect. After this show‑cause notice Dr. K. Y. Ansari passed order of removal straight away and the appellant who had 22 years service was deprived even of the benefit of his pension. It is a well‑known principle of equity that a person cannot be the complainant as well as the judge in his own cause. If the Director, Health Services was annoyed on account of the insolence of the appellant and the language used by him in the representation, he should have made complaint against him to the next higher authority instead of A giving show‑cause notice and taking action himself in a summary manner. The learned Assistant Advocate. General frankly concedes that on the above principle of equity this order of removal from service is bad. We accordingly set aside this order and direct that on the facts it will be open for the Government to order a fresh enquiry if so desired.
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