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Appeal No. 208/346 of 1978, decided on 6th January, 1980.

Termination of service‑Without show cause and defence opportunity‑Violative of principle of natural justice‑Teacher of nationalised school after nationalization of service removed from service on ground that he had resigned prior to nationalisation No defence opportunity afforded‑Order set aside‑Appellant, held, must be given opportunity to rebut, evidence relating to alleged resignation‑Punjab Service Tribunals Act. (IX of 1974), S.4.

Miss Azra Mahmood was employed by the Manager of the Government Kashmir Primary Girls School, Shalimar Town Lahore, on 8th April 1971 as an untrained treacher on a monthly salary of Rs. 100. She applied and was selected for training for the Primary Teaching Course for which the Management of the School granted her leave without pay from 1^st October 1971 till the expiry of the course. On expiry of the course she reported for duty on 1^st November 1972. She was advised by the Headmitress to approach the District Inspectress of Schools, Lahore. The appellant was allowed to resume duty in the School in pursuance of Order No. 1150 dated 5th May 1973. The appellant resumed duty on 7th May 1973. This order was passed on Government orders conveyed to the Director of Education vide letter No. SO (NS) 6‑15/73 dated 4th May 1973 nationalizing the services of the appellant. The appellant served until the impugned order dated 29th September 1977 received by her on 8th October 1977 terminating her services. She filed a representa tion with the Government.

2. The appellant has now submitted this appeal that since her services have been nationalized they could not be dispensed with and the order of 29th September 1977 is, therefore, bad in law and be set aside.

3. We have seen the record. The case of the appellant was examined by a Committee constituted which came to the opinion that Miss Azra Mahmood resigned from service of the Management prior to nationaliza tion in order to seek admission to the PTC training class. It is alleged that later on the appellant, in connivance with the Ex‑Manager, tampered with the record so as to show herself on leave w.e.f. the date she actually resigned and then could get her services nationalized. Even if this be the correct position a mere order of termination of service of the appellant being violative of the principles of natural justice, will not be a valid order. Proper procedure had to be followed. The appellant has to be given an opportunity to rebut the evidence against her in order to come to a decision whether the appellant was on leave or she had actually A resigned from service. For this reason the procedure adopted has no legal effect. The appeal is, therefore, accepted and the order of termination is set aside.

Appeal accepted.

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