Citation Name: 2024 PLC(CS) 620 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case ALI ASHTAR NAQV

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Citation Name: 2024 PLC(CS) 620 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case ALI ASHTAR NAQVI VS LAHORE HIGH COURT, LAHORE S. 6 (1)---Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, R. 3---Judicial Officer---Misconduct---Dismissal from service---Term "resignation"---Resignation, voluntariness of---Withdrawal of resignation---Scope---Appellant (Civil Judge-cum-Judicial Magistrate) tendered his resignation after two months of the report of the Inquiry Officer who recommended the imposition of major penalty in the shape of dismissal from service against him---Contention of the appellant that there were serious threats to his life due to which he tendered his resignation, which was not voluntary, rather on account of compelling circumstances---Validity---No such contention/reason was mentioned in the resignation itself having been tendered by the appellant---It was also evident from the relevant notification that the resignation of the appellant was accepted on account of droppage of disciplinary proceedings initiated against him on the charge of misconduct---It was also manifestly clear that despite the fact that matter of acceptance of resignation remained under consideration for a considerable period but no effort was made by the appellant to move for its withdrawal---Even after acceptance of the resignation the appellant remained mum for a considerable period and finally he moved the representation after more than one year and nine months (from date of Notification), which was rejected by the respondents (Registrar High Court) after six months or so---Definitions of the term "resignation" as given in various law dictionaries leads to an irresistible conclusion that resignation means "formal renouncement or relinquishment of an office", which must be intentional and voluntary, and for drawing a conclusion as to whether the resignation is voluntary or otherwise facts and circumstances in toto have to be taken into consideration---Once a resignation is accepted by the competent authority, the employee tendering the same is precluded to recall it---High Court viewed that the resignation of the appellant was voluntary without any hint of doubt and as such he was precluded to ask for its withdrawal and reinstatement in service---Appeal filed by the ex-Judicial Officer, being devoid of any merits, was dismissed, in circumstances.

Citation Name: 2024 PLC(CS) 620 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case ALI ASHTAR NAQVI vs LAHORE HIGH COURT, LAHORE S — 2024 PLC(CS) 620 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

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