1. ' M. SALEEM CHAUDHRY (CHAIRMAN).-Sheikh Muhammad Absan, exS.-rtio.r Clerk in the Office of Deputy Commissioner, Bahawalnapr, has filed an appeal against the order of Deputy Commissioner, Bahawalnagar dismissing him from service. The Commissioner, Bahawalnagar, rejected his appeal on 26th January, 1978.
2. ' The facts of the case are that the appellant joined the D. C's Office as Junior Clerk on 28th September, 1957. He was promoted as Senior Clerk on 30th June, 1964. Later on he became Assistant on 16th. May, 1972 and remained an Assistant till 30th June, 1976 when he was reverted.
3. Certain allegations were levelled against the appellant regarding the misappropriation of 20 metric tons of dry milk and 544 packets of edible oil. These items were alleged to have been misappropriated in connivance with the Storekeeper. The appellant was charged with misappopriation to the extent of Rs, 12,000 out of total amount of Rs, 69,000. He was charge- sheeted accordingly. The appellant submitted his explanation on 24th April, 1977. The enquiry was conducted by Malik Muhammad Muneer, City Magistrate. He was held guilty and D. C., Bahawalnagar issued an iug him from service.
4. ' We have heard the parties and seen the record. The main contentions of the appellant are that no show-cause notice was issued, the enquiry report was not supplied to the appellant and no personal hearing was granted. So far as personal hearing is concerned, the appellant was given a personal hearing by the D. C. But it is true that no show-cause notice was given and the report of the enquiry officer was not supplied to the appellant.
5. In view of the gross irregularity of not supplying the appellant with a copy of the enquiry report, it is not possible to maintain the order of dismissal. The appeal is, therefore, accepted and the order of