JUDGMENT JUSTICE (R.) MUHAMMAD JAHANGIR ARSHAD, CHAIRMAN - Appellant after joining Police Department on 17.5.2006 was sent to Training School, Muzafargarh for obtaining training as recruit Constable. However on account of sudden ailment of his sister/he applied for leave but on his failure tendered resignation on 1.2.2007. Appellant, however/filed appeal before the D.I.G, of Police, D.G. Khan Range stating therein that as he had submitted his resignation due to his domestic and further the resignation was not in accordance with Rule 14.11 of Police Rules, 1934 therefore he may be allowed to withdraw the same and to join the service. His appeal was however rejected by the departmental appellate authority on 21.5.2008, holding that as the resignation was voluntary, therefore, he could not be allowed to withdraw the same. Through this appeal the order of the R.P.O., Region No. VI, D.G. Khan has been assailed on the ground that as the resignation was not voluntary and that the same was not accepted before the expiry of two months from the date it was tendered and thirdly the same was accepted by the authority in a hasty manner, therefore the order of the appellate authority was without jurisdiction. Reliance has been placed on the case of Muhammad Zahoor v. Registrar, Lahore High Court (2004 SCMR 1194).
2. On the other hand learned D.D.A, has opposed this appeal on the ground that as the appellant tendered resignation voluntary therefore neither his appeal was competent nor he could be allowed to withdraw the same.
3. Arguments heard, record perused.
4. Admittedly the resignation was submitted by the appellant on 1.2.2007 and the same was accepted by D.P.O., Muzaffargarh on 3.2.2007 whereas under Rule 14.11 of the Police Rules, 1934 the competent authority should have allowed at least two months for acceptance of the resignation or the immediate acceptance of the resignation should have been in lieu of two months' pay, creditable to the government treasury whereas in the instant case none of the above submitted two conditions was adhered to, further it is observed that there was no request by the appellant for the immediate acceptance of the resignation, In almost similar circumstances Hon'ble Supreme Court of Pakistan in the above reported judgment while deciding the question of immediate acceptance of resignation on the request of the civil servant held that the acceptance of resignation should have been postponed for sometime as there was no necessity to show haste in acceptance, It is further observed that under Rule 14.11 of the Police Rules, 1934, it was incumbent upon the competent authority to either keep pending acceptance of the resignation for two months or to direct the appellant to. Deposit two months' salary for the immediate acceptance but .None of the above two conditions, was adhered to in the present case.
5. Resultantly this appeal is allowed and the orders of immediate acceptance of resignation by the D.P.O., Muzaffargarh as well as dismissal of appeal by the R.P.O., Region No. VI, D.G. Khan are set aside and the appellant is reinstated into service. However as the appellant took divergent stand in his appeal before the D.I.G, of Police as well as before this Tribunal regarding drafting of the disputed resignation, therefore, it is. Directed that his reinstatement shall be subject to Forfeiture of his entire due service and the intervening period shall be considered as leave without pay.