Law:

Section:

Punjab Employees Efficiency, Discipline and Accountability Act, 2009---- --------Ss. 4(b)(vi) & 16----Dismissal from service----Extravagant malpractice and prolonged absence from duty----Instead of filing departmental appeal, approached High Court in writ petition----Converted into departmental appeal, dismissed----Wrong forum with promptitude and within period of limitation----Remedy a wrong and to suppress mischief----Validity----No fetters or bar could be placed on High Court and or Supreme Court to convert and treat one type of proceeding into another type into another and proceed to decide matter either itself provided it has jurisdiction over lis before it in exercise of another jurisdiction vested in very Court or may remit lis to competent authority/forum or Court for decision on merits----Courts have been treating and or converting appeal into revisions and vice versa and Constitution Petitions into appeal or revision and vice versa----Petition, which was filed within period of limitation as provided for departmental appeal, was treated and remitted by High Court as departmental appeal, that too when limitation by than had not ran out----PST, had fallen in to error to dismiss appeal before it on ground of limitation alone, without adverting to merits of case as were attended by DCO----Date of filing of writ petition within time should have been reckoned as date of departmental appeal and ought to have been, treated as departmental appeal for all practical purposes as ordered by High Court. [Pp. 70 & 71] A & B PLD 1994 SC 539, 2016 SCMR 189 & 2015 PLC (CS) 215, ref. THIS ORDER PASSED BY: MUSHIR ALAM, JUSTICE:---.--- Muhammad Akram Petitioner Ex-Junior Clerk in the office of the AEO (Women) Markaz Bagh-o-Bahar, Tehsil Khanpur, District Rahim Yar Khan was proceeded departmentally on account of extravagant malpractice and prolonged absence from duty w.e.f. 10.10.2013 and after due proceedings major penalty of dismissal from service under Section 4(b)(vi) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2009 (PEEDA Act, 2006) was imposed by the Competent Authority/DEO (Education) Rahim Yar Khan, vide order dated…

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