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Petitioner: ABDUL HAQ TAHIR KHAWAJA VS Respondent: FEDERATION OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 219
[Federal Service Tribunal]
Before Ch. A. Rahman Khan and Ch. Hasan Nawaz, Members
Dr. ABDUL HAQ TAHIR KHAWAJA
Versus
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and another
Appeal No. 496(R)/90, decided on 15th August, 1991.
(a) Service Tribunals Act (LXX of 1973)------
----S. 4---Civil servant---Dismissal from service for absence, without leave-- Civil servant, in his earlier appeal while challenging his dismissed had prayed in the alternative, that Authority instead of his dismissal should have accepted his resignation which he had submitted after initiation of proceedings against him---Service Tribunal making direction in terms of civil servant's alternative relief, directing Authority that his resignation should be accepted---Authority in accordance with direction of Service Tribunal accepted civil servant's resignation---Civil servant in subsequent appeal before Service Tribunal requiring his reinstatement in service and acceptance of withdrawal of his resignation---Service Tribunal's direction for acceptance of civil servant's resignation had been made as a result of his own prayer made in the alternative, which was a sign of favour to save him front consequences of dismissal, he could riot turn hic back on his request to say that he be allowed to withdraw his resignation---Civil servant could not be allowed to approbate and reprobate, which could be permitted to happen only at the cost of justice and in derogation of Service Tribunal's functions which course could not be adopted---Civil servant thus, was left with no entitlement to be reinstated in service after acceptance of his resignation as per direction of Service Tribunal in earlier round of litigation.
(b) Service Tribunals Act (LXX of 1973)---
----S. 4---Civil servant's prayer in the alternative that he having submitted his resignation, same should be accepted---Service Tribunal without giving finding on the question of dismissal of civil servant granting him relief in the alternative and directing Authority to accept his resignation, which was accepted---Civil servant, thereafter, making application for withdrawal of his resignation---Effect---Civil servant's order of dismissal having not been specifically set aside, result was that order of dismissal was still in existence when civil servant asked for withdrawal of his resignation---Civil servant's request for withdrawal of -his resignation was not possible because he had already been dismissed from service and order of dismissal was to remain in force till such time, the direction for acceptance of resignation was complied with by the Authority---Authority, thus, had every justification for disregarding civil servant's request for withdrawal, particularly when its grant would have resulted in the- creation of a situation where implementation of Tribunal's order would have become impossible and its judgment reduced to nullity.
(c) Service Tribunals Act (LXX of 1973)---
----S. 4---Appeal before Service Tribunal suffering from incompetence and was barred by time---Civil servant's departmental appeal addressed to Establishment Secretary, was by no means sufficient to fulfil jurisdiction requirements, for competent Authority for such purpose was Prime Minister and not Establishment Secretary ---Departmental appeal was thus incompetent---Civil servant having been informed of the acceptance of his resignation through notification dated 20-8-1989, his departmental appeal filed on 20-11-1990, was time-barred---Civil servant's appeal was dismissed as incompetent, time-barred and without any merit.
Rao Fazal Akhtar Khan for Appellant.
Hafiz SA. Rehman Standing Counsel for Respondents.
Date of hearing: 8th August, 1991.