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iii) 1978 L.I.C. 41 T.R. Pandey Vs. The Chief Commissioner , Andaman and Nicobar Islands and others. (paras 4 and 8)
4. The first ground urged in support of this appeal is that Mr. Narayana who issued the punishment order was not the Education Officer at the relevant time, and therefore, he was not entitled to exercise the statutory power under the Central Civil Services (Classification Control and Appeal ) Rules. It was contended that these rules have framed under Article 309 and CI (v) of Article 148 of the Constitution and as such these were statutory rules.
8. The next question to be considered is whether the order of the appellate authority can be upheld on the ground that the defect in the order of the punishing authority in inflicting the punishment of stoppage of increment with cumulative effect without following the proper procedure, was cured by the appellate authority, inasmuch as the appellate authority modified the order of punishment to stoppage of two increments only. It has been noticed earlier that the order of the punishing authority was vitiated on the ground that it gave no reason for the order and had not recorded any finding on the imputation of charges leveled against the appellant. The order of punishment was without any jurisdiction on the ground that the punishing authority was not competent to exercise the statutory powers. If the order is without jurisdiction it is void altogether . Such a void order cannot be converted into a valid order by ratification by the appellate authority.