Hidayatullah, C.J. - (1.) 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.
(2.) 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. Before her appointment, she had been trained at Glancy Medical College, Amritsar by attending a course of M.B.B.S. for which the State Govt paid her a stipend of Rs. 6300/-. An agreement was then entered into by the appellant with the State Govt. that on the completion of her training she would serve the Govt. for a period of seven years and further that if she did not so serve, she would return the money loaned to her. There was also a condition that a penalty of Rs. 5000/- might be imposed on her in case she failed to perform her part of the obligation under the agreement. The appellant joined her service on Dec. 4, 1957. On January 14,1961, she proceeded on 10 days casual leave. She did not 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 not have been admissible to her to this extent under the rules of service since she had served only for three years. 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 not permit her to continue in service under the Jammu & Kashmir Government. 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 no leave was due to her and that the question of grant of further leave to her did not arise. She concluded the letter by saying that "under the circumstances explained above, I am forced to tender my resignation from the Jammu & Kashmir Government. State Service. This may kindly be accepted."
(3.) On April 20, 1962, a charge sheet was issued against her in which these facts were communicated, and she was further informed that she, being temporary, could 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. 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 no question of granting Her leave. The charge sheet then concluded 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 not be taken against her accordingly and why the amount of loan along with the amount of penalty may not be recovered from her for not serving the State Government for: seven years as per agreement executed by her. She should submit her explanation through the superintendent S.M.G.S. Hospital, Jammu. 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 no leave was due to her and none could be sanctioned. She reiterated that her family circumstances as explained in her letter of resignation did not permit her to serve the State Government. She also asked for a copy of the agreement to be able to reply to the portion of the notice in which claim for refund of the loan was made since she had not served the Government for a period of seven years.;