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Industrial dispute---­ --- Bank Service Rules, Rr.16, 39 & 41--Constitution of Pakistan (1973), Art. 199---­ Disciplinary action against Bank employees--Constitutional petition filed seeking quashing of proceedings--Contentions that by tendering resignation alongwith 3 months' pay, irrespective of its non-acceptance, employee ceased to be Bank employee and inquiry proceedings against him were rendered incompetent--Held, employee having tendered his resignation after issue of charge-sheet could not frustrate inquiry and consequential infliction of punishment which he might essentially deserve--Use of the word "and" in R. 41 implies that both the acts of issuing charge-sheet and appointment of Enquiry Officer shall be performed by the same competent Authority--Quashment of proceedings declined M. Farani, Bar-at-law for Appellant. ORDER MUHAMMAD AFZAL LONE, J.---This I.-CA. is directed against the order dated 15-3-1983 passed by the learned Single Judge, whereby Writ Petition No. 4414 of 1982 brought by the appellant was dismissed in limine. 2. It is argued that rule 16 of the Rules governing the service employees of the Bank, confers an absolute right on the appellant to tender resignation and in lieu or notice, to pay to the Bank, a sum equal to his substantive pay for three months. According to the learned counsel the moment the appellant submitted his resignation alongwith three months' pay, irrespective of its non-acceptance by the Bank, he ceased to be its employee and the inquiry proceedings commenced against him, were rendered incompetent. Reliance was also placed on rule 41 to contend that when the charge-sheet was issued the appointment of the Inquiry Officer should also have been made simultaneously. To high-light his this submission, the learned counsel read out rule 41 and submitted that the word "and" figuring in:- ",,,..shall cause a charge-sheet to be issued to him and shall appoint an Inquiry Officer or an Inquiry Committee to hold an inquiry,,.." is conjunctive. His last submission…

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