The petitioner's credentials and personal documents were duly verified by the competent authority pursuant to Clause 16 of the appointment letter dated 26.01.2010, prior to release of her salary. After lapse of more than ten months the petitioner was dismissed from service on 11.12.2010 on the ground that her medical certificate was issued and submitted after due date on 19.05.2010. Learned counsel takes the plea that the petitioner's medical certificate was issued on 28.01.2010 and was submitted within time and this fact could have been explained by the petitioner if she has been given an opportunity of defence. He relies on law laid down by the Hon'ble Supreme Court in Aleem Jaffar Ex-Line Superintendent Vs. WAPDA through its Chairman (1998 SCM R 1445).
2. The parawise comments have been perused. The only ground for dismissing the petitioner is because allegedly her medical fitness certificate was issued after expiry of sixty days. Clearly on the plea taken by the petitioner the said allegation is disputed. The petitioner had secured her appointment on merit whereas the ground for her dismissal is entirely procedural. To the mind of this Court a valuable right has been wrested from the petitioner without granting an opportunity of defence or inquiry into the allegation as required by the Hon'ble Supreme Court in the aforenoted precedent. In the light of the facts of the case and the applicable law, the impugned dismissal order is declared illegal. If the respondents are inclined to take action against the petitioner on the allegation they must confront her with the same and pass an order in writing after giving her an opportunity of defence.
3. Petition allowed.