D. Basu, J. - (1.) These two petitions under Article 226 of the Constitution have been taken up together inasmuch as the parties are the same and they relate to different orders relating to the Petitioner, an employee under the Respondents.
(2.) A. The earlier petition No. 728 is directed against the order at Annex. D to that petition (dated November 3, 1965) by which the Petitioner's increment of pay on three consecutive chances on the time scale was withheld by Respondent No. 1, the Director of Veterinary Services, and the Appellate order at Annex. G passed on April 7, 1966, by Respondent No. 2, the Secretary of the Veterinary Department, rejecting the Petitioner's appeal against the order at Annex. D. They arose in this way.
(3.) The Petitioner was a research assistant attached to the Bengal Veterinary College. From the averments in para. 4 of the counter -affidavit, which is not contradicted in the reply, it appears that the said post was a 'temporary' one. In May 1965 he was served with the charge -sheet, dated May 21, 1965, which is at Annex. A -containing seven charges and Respondent No. 3, Special Officer, was appointed Inquiry Officer. The Petitioner submitted his explanation to the charges on May 28, 1965, and asked for a personal hearing (Annex. B). On November 3, 1965, the impugned order was made by Respondent No. 1, reciting that it was proved at the departmental proceedings that the Petitioner was guilty of two of the charges brought against him which appear to be charges 2 and 3 of the charge -sheet at Annex. A. He was accordingly punished by withholding the increments as stated earlier. By another order of the same date (Annex. D) the Petitioner was transferred from his post of Research Assistant at Belgachia to the post of Veterinary Assistant Surgeon, Development Block Indus, in the district of Bankura.;