- (1.) The prayer in the writ petition is to quash the order dated 17.07.2012 by which the petitioner has been relieved from her duty as Registrar of the Punjab Nurses Registration Council, Chandigarh (hereinafter referred to as the "PNRC") in compliance with the order of the Minister-in-charge of the Department concerned and for direction to allow her to continue on the said post and for grant her all consequential benefits. In short, the petitioner joined as a Government Nurse in the year 1978 and was appointed as Sister Tutor on 10.09.1990 and claims to be the senior most Sister Tutor in the State of Punjab. Since the post of Registrar of PNRC fell vacant because of the resignation of the earlier Registrar, the petitioner was appointed as Registrar of PNRC by the President of the PNRC exercising his powers vested under Section 5 of the Punjab Medical Council, Punjab Nurses Registration Council, Board of Ayurvedic and Unani Systems of Medicine, Punjab and Council of Homeopathic System of Medicine, Punjab (Miscellaneous Provisions) Act, 1977 (for short "the Act") which was subsequently approved by the PNRC unanimously in its meeting held on 06.06.2006. It is further averred that the petitioner was discharging her duties of Registrar of PNRC since 29.03.2006 and was also given additional charge of Principal, Government Nursing College, Patiala vide order dated 18.02.2010, however, she was relieved from her duties vide the impugned order dated 17.07.2012 and was replaced by respondent No.3 without following the principle of natural justice, only in compliance of the order passed by the Minister-in-charge of the Department concerned.
(2.) Learned counsel for the petitioner has submitted that as per Section 3 of the Act, the term of the office of the Registrar and other employees is upto the age of 58 years and the petitioner is to attain the age of superannuation on 31.03.2013. He has further submitted that the impugned order Annexure P-8 is patently illegal because the order of removal could have been passed by the Chairman of the PNRC under Section 5(1) of the Act and not on the direction of the Minister-in-Charge who has no statutory power. In this regard, he has referred to a decision of the Supreme Court in the case of Joint Action Committee of Air Line Pilots Association of India (Alpai) and others v. Director General of Civil Aviation and others, 2011 5 RCR(Civ) 558. It is also submitted that the impugned order is in violation of the principle of natural justice as no opportunity of hearing was given to the petitioner while passing the impugned order.
(3.) In reply filed on behalf of respondent Nos.1 and 2, it is alleged that the petitioner was not appointed as Registrar of PNRC on regular basis, therefore, she has no claim for the post of Registrar. It is also submitted that the impugned order has been passed because of pendency of CWP No.1747 of 2011 (PIL) in the case of "EHSAS, The Human Rights Protection Group, India Vs. State of Punjab and others" wherein amongst other prayers, action has been sought against the petitioner for permitting Nursing Schools for making admissions far in excess of the approved strength with mala fide intentions and by ignoring the directions as contained in Punjab Gazette Notification dated July 05, 2004 and for violating the norms of PNRC. It is also submitted that there are allegations against the petitioner of having embezzled funds of the PNRC as according to the logbook, petitioner, while on local journey, signed the logbook on a number of dates while on the other hand claimed TA/Taxi Allowance for tour on the same dates and on the aforementioned fraud having been detected by the Secretary, Medical Education and Research, Government of Punjab, he directed the transfer of the petitioner from the post of Registrar, PNRC to her substantive post in Patiala, which post she was having in additional charge and also conduct of a departmental enquiry against her. It is, thus, submitted that the order Annexure P-8 was passed in administrative exigencies.;