(1.) THIS is an appeal under Clause 10 of the Letters Patent and is directed against the decision of a learned Single Judge of this Court affirming, on appeal, the decision of the lower appellate Court.
(2.) SO tar as the facts arc concerned, there is no dispute. The appellant, Shrimati deep Kaur, was appointed in the Punjab Civil Medical Service Class II (Women's branch) on 15th January, 1949 on probation for a period of two years. But this period was extended by another year. Her services were proposed to be terminated by the Director, Health Services, Punjab, vide letter No. 227-G/s dated the 14th of February, 1952 (Copy Exhibit P. 3/a ). In this letter, it was pointed out that during the period she had been in the P. C. M. S. Class II (Women's Branch), her work and conduct has not been satisfactory and various instances of that were stated. It was further stated that she was not considered to be a fit person for retention in service. She was asked to show cause why her services should not be terminated. An explanation dated the 4th March, 1952 (Copy Exhibit DW-1/5/a)was submitted by her. On 15th April, 1952, the Director, Health Services, Punjab sent a letter (Exhibit P. 4/a) to Dr. Moti Singh, Civil Surgeon, Dharamsala, under whom the appellant was then working. This letter is as follows :--
(3.) ON issue No. (2), two contentions were advanced before the learned Single judge, namely :