She also asked for a companyy of the agreement to be able to reply to the portion of the numberice in which claim for refund of the loan was made since she had number served the Government for a period of seven years.
She asked the State Government to set aside the order of dismissal, to make an apology for having passed the order and to publish the fact in the Gazette.
In reply to this memorandum, she sent her answer on April 30, 1962, in which she stated that she had every intention of serving the State Government but the medical department had informed her that numberleave was due to her and numbere companyld be sanctioned.
This may kindly be accepted.
On April 17, 1962, she sent a letter of resignation in which she stated that as her husband who was an Assistant Accountant General in the office of the Accountant General, Jammu Kashmir was transferred to the Government of India service from May 1, 1958 and was posted at Simla outside Jammu Kashmir, her family circumstances did number permit her to companytinue in service under the Jammu Kashmir Government.
The appellant is a lady doctor who was appointed as an Assistant Surgeon Grade I in the State of Jammu Kashmir on Nov., 30, 1957.
The charge sheet then companycluded as follows From what has been stated above, it is well established that she is on unauthorised absence and liable for loss of appointment in terms of Article 128 J. K., K. C. S. R. She would, therefore, explain within 10 days as to why action may number be taken against her accordingly and why the amount of loan along with the amount of penalty may number be recovered from her for number serving the State Government for seven years as per agreement executed by her.
She reiterated that her family circumstances as explained in her letter of resignation did number permit her to serve the State Government.
Before her appointment, she had been trained at Glancy Medical College, Amritsar by attending a companyrse of M.B.B.S. for which the State Govt paid her a stipend of Rs.
She stated in that she had been sending leave applications to the Superintendent of S.N.G.S. Hospital at Jammu, but had always been informed that numberleave was due to her and that the question of grant of further leave to her did number arise.
6300/ .
She companycluded the letter by saying that under the circumstances explained above, I am forced to tender my resignation from the Jammu Kashmir Government.
On January 14,1961, she proceeded on 10 days casual leave.
On April 20, 1962, a charge sheet was issued against her in which these facts were companymunicated, and she was further informed that she, being temporary, companyld ordinarily get 30 days privilege leave and three months leave without pay whereas she had over stayed the period of leave admissible to her under the rules and was therefore being treated as absent from duty.
The High Court summarily dismissed the petition and the present appeal has been brought by special leave of this Court.
An agreement was then entered into by the appellant with the State Govt.
for a period of seven years and further that if she did number so serve, she would return the money loaned to her.
Its was also pointed out that she had remained silent in response to letters which had been sent to her to rejoin service and also that she had been on more than one occasion told that there was numberquestion of granting Her leave.
The appellant joined her service on Dec. 4, 1957.
She did number report for duty but sent an application for leave for six months later she again applied for another six months leave and remained absent from duty.
Leave was refused to her, as it is obvious that it must number have been admissible to her to this extent under the rules of service since she had served only for three years.
5000/ might be imposed on her in case she failed to perform her part of the obligation under the agreement.
She should submit her explanation through the superintendent S.M.G.S. Hospital, Jammu.
There was also a companydition that a penalty of Rs.
that on the companypletion of her training she would serve the Govt.
Hidayatullah, C.J. This is an appeal against the summary dismissal of a writ petition filed by the appellant in the High Court of Jammu Kashmir under the following circumstances.
It would appear from this that she had numberexplanation to offer number did she ask for an enquiry.
She reiterated her stand that she was number willing to serve the State Government and that she had already resigned her post on 17th April, 1962.
On receipt of this reply, the Government of Jammu Kashmir passed an order by which she was dismissed from service with effect from January 24, 1961, i.e. the date from which she was absent from duty without proper leave.
The appellant thereupon wrote a number of letter to the Government in which she threatened the Government with recovery of one lakh of rupees as damages for wrongful termination of service, mental and physical troubles caused thereby and also alleged that she was entitled to an opportunity of showing cause against the action passed under Article 311 of the Constitution of India and under Section 126 of the Constitution of Jammu Kashmir.
