Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Resignation by Naib Qasid of Court---Acceptance of resignation by Sessions Judge with immediate effect subject to deposit of one month pay by civil servant---Withdrawal of resignation after 12 days, prayer for---Non-mentioning of reason of withdrawal in departmental appeal and in appeal before Service Tribunal---Refusal of both forums to grant relief to civil servant for such omission treating his resignation to be voluntary---Validity---Civil servant had not drafted resignation himself---Civil servant in resignation had not asked for its immediate acceptance---Low paid employee servant as Naib Qasid would ordinarily never desire for acceptance of his resignation subject to such condition---In absence of such request, Sessions Judge should have postponed acceptance of resignation for some time as there was no necessity to show haste in its acceptance---Civil servant in departmental appeal alleged his resignation not to be voluntary, but he was forced to do so with threat that otherwise he would be sent to jail---No comparison could be drawn between powers of Sessions Judge qua a Naib Qasid---Departmental Appellate Authority had a legal and moral obligation to probe into such matter as same was a question of survival of a low paid employee---Civil servant had repeated such plea in appeal before Tribunal, which had not cared to analyse such aspect of case---Service record of civil servant was above board---Civil servant for first time had filed before Supreme Court an affidavit disclosing facts due to which Sessions Judge had compelled him to resign from service---Tendering of resignation by civil servant could not be inferred from such facts to be voluntary---Tribunal had erred in law in not granting relief to civil servant---Supreme Court accepted appeal while reinstating civil servant in service without back-benefits with observations that period during he remained out of job would be treated on duty against leave accrued, if any, or leave without pay for purposes of his length of service and future benefits. Dr. Muhammad Munirul Haq v. Dr. Muhammad Latif…

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