- (1.) The present appeal under Clause X of the Letters Patent Act is directed against the judgment of learned single Judge dated 3.10.2007, vide which the writ petition has been allowed primarily on the ground that the disciplinary proceedings against Gulshan Bir Kaur-respondent No. 1 could not be initiated by the President, as it was the Punjab Nurses Registration Council (for short the Council) who was only the competent authority under the relevant rule and as such the order of termination of her service as Registrar of the Council has been held to be illegal and quashed with all consequential benefits.
(2.) The facts in brief are that Gulshanbir Kaur-respondent No. 1-was appointed as Registrar of the Council after her regular selection vide appointment order dated 3.11.2000. She joined duty on 16.11.2000. Ultimately her services as Registrar of the Council were terminated vide the impugned order dated 17.5.2004 (Annexure P-13) passed on the basis of findings recorded in the enquiry report submitted on the two charge sheets of even date i.e. 5.6.2002, served upon her under Rule 8 of Punjab Civil Service (Punishment and Appeal) Rules, 1970, for imposing major penalty. Her statutory appeal against the same was rejected vide order dated 16.7.2004 (Annexure P-17). She filed writ petition No. 5122 of 2005, impugning both the orders dated 17.5.2004 (Annexure P-13) and 16.7.2004 (Annexure P-17) and the learned single Judge vide impugned judgment dated 3.10.2007 passed in CWP No. 5122 of 2005 quashed the impugned orders 17.5.2004 (Annexure P-13) and 16.7.2004 (Annexure P-17) with all consequential benefits.
(3.) We have heard learned counsel for the parties. It is relevant for proper adjudication of the appeal to reproduce Regulation 11 of the Punjab Nurses Registration Council (Employees Conditions of Services) Regulation, 1977 :- "11(i) Discipline, Penalty and Appeals : The President shall be competent to take such disciplinary action, as he may deem necessary including withholding increments, suspension, removal of dismissal against all members of offices establishment of the Council below the rank of Registrar. An appeal against such decision of the President lies with the Council. (ii) The President shall report to the council all matters for disciplinary action against the Registrar for their decision. Appeal shall lie with the government against the decision of the council.";