' SAAD SAOOD JAN, J.--The petitioner in C.Ps. 1040 and 1041 and the petitioner in C.P. 1039 were Staff Nurses serving in the Mayo Hospital, Lahore. Consequent upon disciplinary proceedings taken against them, they were removed from service. ' They filed appeals before the Medical Superintendent which were dismissed. They then filed appeals before the Provincial Service Tribunal but these too met with no success. They now seek leave to appeal from this Court.
2. The orders of removal were passed by the Chief Nursing Superintendent. In support of these petitions it is contended that under the Delegation of Powers Rules, the Chief Nursing Superintendent was not competent to direct their removal from service. We have examined the Delegation of Powers Rules relating to the Health Department. Under these Rules, the officer next below the Head of the Institution was the authority competent to remove them from service. The Head of the Mayo Hospital is admittedly the Medical Superintendent. The officer next below him is the Additional Medical Superintendent. The Chief Nursing Superintendent comes in the third place.
In the circumstances the contention that the Chief Nursing Superintendent was not the officer next below the Head of the Institution needs examination. We would accordingly grant leave to the petitioners. Security for costs in the sum of Rs,2,000 in each case. The appeals may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.