Retired government employee

Contention was aggrieved employee by any final order under Punjab Employees Efficiency Discipline and Accountability Act, 2006 would prefer an appeal to the Service Tribunal

Validity

Only a person in government service or who was a member of a civil service of the province or who held a civil post in connection with the affairs of the province or any employee serving in any court or tribunal being aggrieved by an order could prefer an appeal before the Service Tribunal

Petitioner being a retired person did not fall within the definition of 'employee', therefore had no remedy of appeal

Provisions of Punjab Employees Efficiency Discipline and Accountability Act, 2006 was not applicable to the petitioner and therefore, the Authorities by initiating the proceedings thereunder against the petitioner went out of the law and exercised a jurisdiction not vested in him by law

High Court could control action of an administrative or executive officer by an appropriate order if he had gone out of law i.e. exercised jurisdiction not vested in him by law or wrongly denied or omitted to exercise a jurisdiction or where the law under which he acted prescribed the manner in which he was to act, materially departed from the law

Impugned orders and notices were void ab initio

Constitutional petition was allowed.