JUDGMENT ABDUL HAFEEZ CHEEMA, CHAIRMAN.- Munawar Sultana daughter of Muhammad Bashir, applied for the post of PTC Teacher and after under going test/interview was appointed as such, by means of order dated 16.2.1997 (Annex "A"). She took over the charge in Government Primary School Bhatti Ameen Akuka, Bahawalnagar on 18.2.1997 (Annex A/II). Her services were however, terminated vide order dated 4.3.1997 (Annex "C") allegedly in pursuance of the direction issued by the Director of Education (EE) Bahawalnagar on 3.3.1997. The appellant represented. Against this illegal order which failed to fructify.
2. The appellant has filed this appeal challenging the termination mainly on the grounds that she was duly appointed by the competent authority; her order of appointment having been acted upon, a valuable right had accrued in her favour; that she had been condemned unheard and order has thus Corum non judice.
3. The respondents have refuted the claim of the, appellant - defending the impugned order on the ground that the appellant was a 3rd Divisioner in Matric and as such, her services had rightly been terminated ' in pursuance of thd order of director of Education (EE), Bahawalnagar.
4. It was contended by the learned counsel for the appellant that the impugned order had been passed without hearing the appellant, as such, it offended against the universally acknowledged principle of natural justice embodied in the maxim: Audi Alteram Partem.
5. Learned District Attorney, on the other had, argued that the -impugned order was well- considered and no notice was required to be Issued to the appellant in the peculiar circumstances.
6. The impugned order is visibly stigmatic. It required a notice to the appellant requiring her to explain as to why her services be not terminated on the ground that she was third Di visioner Matriculate. This principle is now being regarded so much fundamental that superior courts have held that this shall be read as a part of the Statute, even if it is not in the enactment. Reference in this behalf may be made to:-
(i) 1999 Shariat Decision (SD) 708.
(ii) NLR 1999 Rev 172.
(i.e) PLD 1959 SC 45.
(iv) PLD 1965 SC 90, and
(v) 1972 SCM R 13.
This is not-merely a principle of mundane law but finds important position in Islamic jurisprudence.
Holy Quran mentions the incident of inspection by Solomon (Hazrat sulman) of his organization of Birds. Quran says:-- . "And he took a muster of birds, and he said "why is it I see not s the Hoopoe? Or is he among the absentee?? I will certainly punish him with a severe penalty, or execute him unless he brings me a clear reason (for absence)."
Again wh find in Hadith:-- / oj^yi Us Mi ijUmUkJI {{ URDU TEXT }} When you are required to judge between two (contenders) don decide unless you hear the other side."
7. It is thus obvious that education authorities proceeded absolutely contrary to, the accepted legal norms in the case.
8. It is also noteworthy here that impugned order has passed by the Deputy District Education Officer (W) who did not apply her on mind to the case but acted under^r the direction of the Director of Education, Bahawalpur. As. Such the impugned termination order is not the out come of the independent judicious exercise of the authority of the Dy. D.E.O.
9. The learned counsel for the appellant has also relied upon the Circular of the Education Department dated 12,6.1999 whereby the Chief Minister was pleased to approve the proposal pf the department regarding Droppage of proceedings against the teachers on account of being over- aged and those possessing certificate of third division Matric.
10. In this view of the matter the impugned order which was passed at .The back of the appellant is set aside, die appeal is accepted and the' appellant reinstated in service. Since she had not performed the duties during the interregnum, she shall not be entitled to the salary for the intervening period.
11. The Department shall however, be at liberty to proceed against the appellant afresh of-course, strictly in accordance with law. There shall be no order as to costs.