Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Employee of Mirage Rebuild Factory---Order of authority refusing to accept resignation of employee without showing any reason therefor---Validity---High Court declared impugned order to be without lawful authority and void and directed the authority to accept such resignation within specified time, otherwise same would be deemed to have been accepted.    Chairman, Pakistan Space and Upper Atmosphere Research Commission (SPARCO), Karachi and another v. Ahmad Mumtaz Mustehsan and another 2000 SCMR 890 fol. JUDGMENT MAULVI ANWARUL HAQ, J.--- The petitioner while employed as a Charge Hand Mirage Rebuild Factory, Kamra, tendered his resignation which was not accepted by the respondents vide order, dated 28-12-2006. 2. Learned counsel for the petitioner contends that the respondent had no lawful authority to refuse to accept the resignation without stating any reasons. According to the learned counsel the settled proposition is that an employer is bound to accept the resignation and cannot compel an employee to continue unless and until there are some compelling grounds for the same and there are the pendency or expected commencement of disciplinary proceedings against the employee. Learned Federal Counsel has made his submissions in a very fair and upright manner and has drawn my attention to the judgment of the case Chairman, Pakistan Space and Upper Atmosphere Research Commission (SPARCO), Karachi and another v. Ahmad Mumtaz Mustehsan and another 2000 SCMR 890. 3. I have gone through the file of this case. I find that the resignation was submitted by the petitioner on 1-2-2007 and was forwarded for favourable action. However, the petitioner was simply informed that the competent Authority has not accepted the resignation. I also find that no reasons whatsoever have been stated for refusing to accept the resignation. This writ petition came up on 30-3-2007 when its copy was handed over to the learned Federal Counsel to seek instructions in the matter. The case was admitted to hearing on 8-4-2008 and notice was issued to the respondents. Till date, no reasons have been…

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