S.A. NUSRAT, J.--The petitioner joined service as Junior English Teacher in 1962 in the Education Department, Government of Baluchistan. She was promoted on 1-4-1971 as Senior English Teacher.
Meanwhile she obtained degrees of D. Ed and M.A. In English Literature. Later, she was appointed as Lecturer in English on 21-5-1974 and was posted in Government College for Women, Quetta.
The petitioner's husband, Mir Qurban A.I Bugti, an employee of the Federal Government in the Income-tax Department, was transferred from Quetta to Karachi in December, 1982. The petitioner, on 20th of October, 1983, made an application for inter-provincial transfer on account of her husband's transfer from Quetta to Karachi. During the winter vacations of 1983-84, she joined her husband. By an application dated 15-1-1984, she reminded Department for expeditious disposal of her request for inter-provincial transfer. At further reminder was sent by her on 14-2-1984. The petitioner applied for four months leave in February, 1984 (during the winter vacations) w.e.f. 4-3- 1984 to 30-6-1984. It appears that first a telegram was sent to the petitioner on her Karachi address asking her to report on duty, which allegedly was not received by her. Thereupon a notice was published in Jang (Urdu) Quetta dated 5-4-1984; the relevant portion whereof, translated into English, reads as under:- "The Department had accepted the leave application (of the petitioner) in the public interest and she was informed about the same by a telegram dated 11-3-1984 requiring her to report for duty, but she failed to do so."
After publication of the above notice, the petitioner was dismissed from service as per notification dated 29-5-1984, issued pursuant to the order of the Governor, Baluchistan, passed in exercise of the powers conferred by rule 9(c) of the Baluchistan Civil Servants (Efficiency & Discipline) Rules, 1983 (hereinafter referred to as the Rules). Rule 9 (c) reads as under:- "Nothing in rules 5 and 6 shall apply to a case:-
(a) .........................
(b) .........................
(c) Where the accused is dismissed on the ground of remaining absent wilfully despite notice -in newspaper on the recommendation of the authorised officer."
3. The petitioner filed a review petition before the Governor against the order of her dismissal. On 28th August, 1984, she was informed that her review petition was rejected and she thereupon filed appeal before the Baluchistan Service Tribunal, Quetta, which was partly allowed as per impugned judgment dated 2-8-1986 and the punishment of dismissal from service was altered to one of compulsory retirement.
4. It was contended, inter alia, by the learned counsel for the petitioner that in the first place as notice under registered cover with acknowledgment due should have been sent to the petitioner informing her about the non-acceptance of her application for leave. She was, in the circumstances, condemned unheard. The petitioner was under bona fide impression that her application for leave was granted, particularly when she had necessary entitlement for grant of leave. It was further contended that as regards the notice dated 5-4-1984, published in Jang, the same could not have been relied or acted upon because it contained information with regard to acceptance of the petitioner's application for leave rather than its rejection. Accordingly the action taken under Rule 9(c) of the Rules was without any foundation. The above contentions require examination. Leave is accordingly granted. The petition will be heard on the same record.