Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973- ---Rr. 5 & 6--North-West Frontier Province Service Tribunal's Act (I of 1974), Ss. 5 & 6--Dismissal from service for misconduct--Civil servant instead of contesting the enquiry before the concerned officer, submitted his resignation--Effect-­Government employee voluntarily submitting his resignation on the grounds other then pressure, mala fides or fraud, could not later on come to the Court/Tribunal with the prayer that he was victim of circumstances and that his resignation should not be accepted-- Civil servant could not take that pica at such belated stage especially when no averments were made by him in the petition before the Tribunal or in the; resignation tendered by him and in view of his resignation his appeal was dismissal-- Termination of services was wide enough term to include within its fold, dismissal, removal from service or compulsory retirement Service Tribunal keeping in view age of civil servant treated his termination as removal from service so that he might join any other services or other independence profession if he so liked. Appellant in person. Special Government Pleader for Respondents. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN). Appellant brought the present appeal against the impugned order No. 5, dated 31-7-1988 vide which his services were terminated and departmental appeal lodged by him was not decided by respondent No. 2 till the filing of the appeal. According to him he was appointed as a Junior Clerk in Buner Watershed Division on ad hoc basis vide order dated 7-10-1985 and his services were regularized later on, on 10-7-1986 by respondent No. 1. He was performing his duties efficiently and honestly when to his bad luck some complaints in the daily `Jiddat', Peshawar were published against respondent No. 1, who was under the impression that appellant had a hand in it and resultantly he proceeded against him on a false allegation of absence from duty, inefficiency and corruption in preparing a wrong T.A. Bill. His reply did not satisfy the respondents and an Authorised Officer was appointed in the case, who instead of…

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