JUDGMENT

GOSWAMI, J.:— This appeal by special leave is directed against the judgment of the Division Bench of the Punjab and Haryana High Court by which the appellants application under Article 226 of the Constitution was rejected.

2. The appellant was a Verterinary Compounder serving at the material time under the Chairman, Panchyat Samiti, Hansi-I. The Zila Parishad Tribunal transferred him from Hansi-I block to Singhani (Loharu Block) by its resolution of June 30, 1967. The order appears to be transmitted by Memo No. 3201-A of July 6, 1967. On July 27, 1967, the Chairman of the Panchayat Samiti, Hansi-I, requested the Chairman of the Zila Parishad, Hissar, to reconsider the decision of transfer and to allow him to continue at his village Umra in public interest. A copy of this letter written to the Zila Parishad was forwarded to the appellant. Since the appellant did not comply with the order of transfer, the Chairman, Zila ParishadTribunal, served a notice upon him on August 13, 1967, to show cause as to why he should not be dismissed from service on the grounds mentioned in the notice. It is mentioned 1922 in the notice that this action has been taken under Section 124 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (briefly the Act.)

3. The particulars of charges described in the show cause are briefly as under :-

(1) You did not hand over charge of veterinary dispensary to Balwan Singh, Veterinary Compounder on 25-7-1967, in compliance with the transfer order dated 6-7-1967.

(2) You also did not hand over charge to the District Animal Husbandry Officer who was ordered to personally take over charge from you on 26-7-1967.

(3) You were again asked by letter dated 2-8-67 to hand over charge to Balwan Singh, Veterinary Compounder, but you did not hand over the charge.

(4) When Ch. Bir Singh Lamba, Secretary, Zila Parishad Tribunal, along with Balwan Singh reached Umra on 10-8-67 between 4.30 and 5.00 p.m. in order to take charge from you they found you absent and the dispensary locked.

(5) That on 15-8-67 at about 4.00 p.m. when Balwan Singh went to take charge from you along with Ch. Bir Singh Lamba, Secretary, Zila Parishad Tribunal, along with Ch. Balbir Singh, Chairman, Zila Parishad, Hissar and Kali Ram, member, Panchayat Samiti, Hissar, you refused to hand over charge to Balwan Singh Veterinary Compounder.

(6) When on 15-8-67 Bir Singh Lamba, Secretary Zila Parishad Tribunal, with the help of Balwan Singh was preparing a list of stock in the presence of the Chairman and others, you with Rattan Singh, Sarpanch, Gram Panchayat, Urma, Gaini Ram of village Majahadpur and three or four other unknown villagers entered the office. Gianin Ram out of your group snatched the paper from Ch. Bir Singh, Secretary, Zila Parishad Tribunal and threatened them to leave the dispensary before they manhandled him. You are thus at the root of all this incident.

4. The appellant submitted a reply on September 13, 1967, describing it as an interim explanation and reserving his right to submit a final reply after inspection of certain records and he requested for a date for inspection of the records. In this reply he admitted to have received the transfer order and pleaded that he did not hand over charge to Balwan Singh on 25-7-1967 under instruction from the Chairman, Panchayat Samiti, who, accordingto him, was the appointing authority and he was carrying out his orders. He particularly denied the incident of August 15, 1967, for which he was held principally responsible in the show cause notice.

5. It does not appear that the Zila Parishad Tribunal gave any opportunity to the appellant for inspection of records, nor sent any communication to him rejecting the request giving any justifiable reason. The appellant seemed to have been waiting for some communication to his interim reply in order to submit a final explanation when on December 5, 1967 he received the order of the Zila Parishad Tribunal dismissing him from service with immedia