Law:

Section:

Estacode (2000 edition)-------Page 448---Constitution of Pakistan (1973), Art. 212(3)---Resignation, tendering of-Effect-Absent without leave---Civil Servant after tendering his resignation remained absent without leave from his duty---Authorities initiated departmental inquiry and imposed major penalty of dismissal from service--- Validity--- Mere endering/submitting of resignation, the services of government/civil servant would not come to an end and the same had to be accepted for its effectiveness by competent authority---Till such time as the resignation was accepted by competent authority, the civil/government servant would continue to be in government service and was under obligation to perform his duties---If civil servant failed or omitted to perform his duties without prior authorization or leave, he would be deemed to be an absentee rendering himself liable for disciplinary proceedings under appropriate law and rules---Civil servant failed to raise any question of public importance as contemplated in Art. 212(3) of the Constitution, which was condition precedent to entertain the petition filed under Art. 212(3) of the Constitution---When condition precedent was missing then petition was liable to be dismissed---Supreme Court declined to interfere in the order of dismissal passed by the authorities and maintained by Service Tribunal---Leave to appeal was refused. Corpus Juris Secundum Volume LXXVII at page 77; Black's Law Dictionary; Estacode; Province of West Pakistan and another v. Ch. Din Muhammad and others PLD 1964 SC 21; Ch. Muhammad Insha Ullah and others v. Chief Conservator of Forests and others PLD 1988 SC 155; Chairman, Pakistan Space and Upper Atmosphere Research Commission (SPARCO), Karachi and another v. Ahmad Mumtaz Mustehsan and another 2000 SCMR 890; Moti Ram v. Param Dev and another 1993 SCMR 2137; Union of India v. Copal Chandra AIR 1978 694 at 699; Hafiz Hamdullah v. Saifullah Khan and others PLD 2007 SC 52; I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041; Ch. Muhammad Azim v. The Chief Engineer, Irrigation and others 1991 SCMR 255 and Mansab Ali v. Amir…

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