| Case ID |
e04a8124-394c-47fb-91fa-5e23d6eed333 |
| Body |
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| Case Number |
I.C.A. No. 519 of 2015 |
| Decision Date |
Apr 26, 2016 |
| Hearing Date |
Apr 26, 2016 |
| Decision |
The Islamabad High Court dismissed the Intra Court Appeal filed by Asjad Asad Wasi against the judgment of the learned Single Judge-in-Chambers dated 11.11.2015, which had earlier dismissed his Writ Petition No. 1403/2015. The Court concluded that the resignation tendered by the appellant was voluntary and had been accepted by the competent authority. The Court emphasized that once a public servant's resignation is accepted, he cannot withdraw it unless it is done before acceptance. The judgment reasserted the legal principle that resignation must be voluntary; any resignation given under duress is not valid. The Court found that the appellant had not provided sufficient evidence to support his claim of coercion in the resignation process. As such, the appeal was dismissed with no order as to costs. |
| Summary |
This case revolves around the resignation of Asjad Asad Wasi, a Programmer at Pakistan Railways, which he tendered on 25.01.2008 while his previous writ petition was pending. His resignation was accepted on 30.06.2008. The case was brought before the Islamabad High Court after his attempts to withdraw the resignation were rejected. The Court ruled that the resignation was valid and accepted, thus terminating his employment. The decision highlighted the importance of voluntary action in the resignation process, referencing various precedents to reinforce the legal framework regarding public servant resignations. The ruling serves as a significant reference for future cases concerning resignation and employment termination within governmental institutions. |
| Court |
Islamabad High Court
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| Entities Involved |
Not available
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| Judges |
AAMER FAROOQ, JUSTICE,
MIANGUL HASSAN AURANGZEB, JUSTICE
|
| Lawyers |
Mr. Shoaib Shaheen, learned ASC for Appellant,
Mr. Tajjammal Hussain, Advocate for Respondents
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| Petitioners |
ASJAD ASAD WASI
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| Respondents |
FEDERATION OF PAKISTAN THROUGH ITS SECRETARY, M///O RAILWAY & another
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| Citations |
2017 SLD 918,
2017 PLJ 86
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| Other Citations |
PLD 2007 SC 852,
2010 SCMR 1386,
2007 SCMR 792,
2008 YLR 2132,
2010 MLD 527,
PLD 2005 Quetta 145,
1990 MLD 1132,
AIR 1990 SC 1808,
AIR 1981 SC 789,
AIR 1978 SC 694,
AIR 1954 SC 584
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| Laws Involved |
Not available
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| Sections |
Not available
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