Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 212 (3)--Leave to appeal--Withdrawal of resignation tendered by petitioner--Absent from duty--Validity--Held: A resignation could be with drawn or recalled before its acceptance by competent authority. [P. 500] A & B Order Appellant/Petitioner sought leave to appeal against the judgment of the Punjab Subordinate Judiciary Service Tribunal dated 16-1-2003 which was fixed before this Court on 1-12-2003 and leave was granted in the following term:-- "After hearing the learned counsel for the petitioner, we are of the view that it is a fit case for the grant of leave to consider the effect of the withdrawal of the resignation tendered by the petitioner after lapse of a considerable time. Order accordingly. Operation of the order impugned shall remain suspended in the meanwhile." 2. Learned counsel for the appellant submits that Respondent No. 1 did not attend the office and perform duties after sending applications for withdrawal of resignations and remained absent for 71 days. 3. Be that as it may the learned Service Tribunal had accepted the appeal by Respondent No. 1 with cogent reasons after application of mind as evident from the following operative part of the impugned judgment:-- "We have given consideration to the respective contentions of the learned counsel for the parties. There is no dispute that the resignation tendered on 2.3.1998 was withdrawn on 20.4.1998 while it was accepted on 2.5.1998. To our mind having tendered his resignation it would not have been appropriate for the appellant/judicial Officer to perform judicial functions. There is no allegation that he remained absent in fact. The learned counsel for the appellant informs us that after the said event he has been practising at the bar. That being so we will allow the…

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