1. ' MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Aggrieved by the impugned order dated 2-10-1988 of respondent No, 1 vide which his services were terminated with effect from 30-6-1988 and his appeal having not been responded by respondent No, 2, he has moved this Tribunal through the present appeal.
2. ' According to him he was appointed as Chowkidar in BPS-1 by respondent No, 1 on 16-12-1987 in Government Primary School, Darmandoona, District Mardan. He was asked to produce his age and health certificates from Medical Superintendent, District Headquarters Hospital, Mardan. He produced the same in which his age was shown as 17/18 years. However, the appellant was again instructed to produce another certificate which was furnished by him in which his age was given as 18 years. But not satisfied with the two medical certificates, respondent No, 1 called for the explanation of the appellant vide letter dated 8-8-1988 which was answered by him on 21-8-1988.
3. However, respondent No, 1 issued the impugned order through which he was removed from service with effect from 30-6-1988. He challenged the said order as illegal and void. He was not given an opportunity to defend his rights. Undue reliance was placed upon the school certificate purporting to be of the appellant. If this were the position, an enquiry was essential in order to see that whether the appellant did join the school and if so whether his natural guardian i,e, his father accompanied him at that time or not.
4. ' Respondents denied the claim and stated that since he was under age, his services were terminated.
5. We have gone through the record of the case with the assistance of the learned counsel for the parties and the Special Government Pleader. It is no denying the fact that birth certificate or school leaving certificate if produced from proper custody and entered in a proper way at the behest of a natural guardian, has got preference over the opinion of the doctor but in the instant case no enquiry was conducted in order to give an opportunity to the appellant to defend his rights. He was condemned unheard. On the basis of the above, we have got no alternative but to accept the appeal by setting aside the impugned order. We remand the case to the respondents with the direction to proceed against the appellant in accordance with law. He is entitled to all the back benefits. Parties are left to bear their own costs and file be consigned to the record room.