' M. SALEEm CHAuDHRV (CHAIRMAN).-Mohammad Hanif, appellant, was appointed as Fieldman in the year 1961. On 13th November, 1978 the appellant fell ill. Oilseeds Botanist ordered the transfer of the appellant from Faisalabad to Khanpur. On 2nd January, 1978, the Oilseeds Botanist, Faisalabad, passed the order of suspension of the appellant on the allegation of non-compliance of transfer orders and absence from duties. The appellant was served with a charge-sheet on 24th January, 1978. The appellant submitted his reply on 9th February, 1978. An enquiry was held in which the appellant participated under protest. On 29th March, 1978 the appellant was served with a show- cause notice. The appellant was dismissed from service on 16th April, 1978. The departmental appeal to the Director-General was also dismissed.
2. Both the parties have been heard. The appellant has challenged the order of dismissal as being illegal, void and therefore liable to be set aside. The appellant has argued that since no written transfer order was given the question of misconduct does not arise and the Enquiry Officer appointed was partial and the prosecution failed to produce any witnesses.
3. So far as the question of misconduct is concerned, evidence has been produced which shows that the appellant was in the know of the transfer order, since he made a representation against his transfer immediately on the next date of the transfer order. As far as the enquiry being held by a partial officer and the prosecution not producing any witness, the appellant has not been able to show any mala fides on, the part of the Enquiry Officer, and in such an enquiry witnesses are no " essential. The contentions of the appellant have no force and the appeal is, therefore, dismissed In limine.