Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 4(1)(b)(vi)

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Ss.4(1)(b)(vi), 13(4), 16 & 17---Constitution of Pakistan, Art. 199---Penalty awarded to employee--- Constitutional petition---Maintainability---Alternate remedy, availability of---Petitioner was Naib Qasid rendering services with the University ,who was dismissed from the service by the Registrar---Petitioner invoked constitutional jurisdiction of the High Court against the penalty imposed against him---Validity---Record revealed that proceedings under the provisions of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 ('the Act 2006') were initiated against the petitioner; he, after issuance of Show Case Notice under S. 13(4) of the Act 2006, was provided personal hearing and then he was awarded major penalty of dismissal from service in terms of S. 4(1)(b)(vi) of the Act 2006 vide order passed under S. 13 of the Act 2006---Petitioner availed remedy of appeal provided under S. 16 of the Act 2006 before the respondent (the Registrar), which (appeal) was dismissed---Specific remedy of revision was available to the petitioner before the Chancellor being an Appellate Authority under S. 17 of the Act 2006 against the order of dismissal of appeal---High Court, before granting relief to the petitioner by exercising its constitutional jurisdiction, must satisfy itself regarding the non-availability of any alternate remedy; or even in case the Court is inclined to grant relief in presence of alternate remedy, it should be satisfied that circumstances of the case had made the other remedy inadequate---In presence of an alternate efficacious remedy having been available to the petitioner/litigant, jurisdiction of the High Court under Art. 199 of the Constitution could not be invoked---Petitioner, instead of availing said remedy, had invoked constitutional jurisdiction of the High Court, however, High Court, on the request of the petitioner, remitted the contents of the present petition, along with relevant record, to the Chancellor to treat the same as a revision in terms of S. 17 of the Act 2006, for its decision---Constitutional petition was disposed of.…

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