GOVERNMENT OF BANGLADESH Vs. MEMBER, ADMINISTRATIVE TRIBUNAL, DHAKA
SUPREME COURT OF BANGLADESH
Government Of Bangladesh
Member, Administrative Tribunal, Dhaka
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MAHMUDUL AMIN CHOUDHURY,J. -
(1.) This petition for leave to appeal is against judgment and order dated 13th July 1998 passed by a Division Bench of the High Court Division in Writ Petition No. 6120 of 1997 wherein judgment dated 29-10-1996 passed by the learned Member, Administrative Tribunal in Administrative Tribunal Case No. 62 of 1994 was challenged.
(2.) The short fact leading to this petition is that, respondent No. 2 filed the aforesaid Administrative Tribunal Case stating that he joined the Army as Gentlemen Cadet and on completion of his training got regular commission in September, 1965 in the Pakistan Army and came back to Bangladesh in 1973 with the rank of Major. He then retired from the army and was appointed Manager. Tangail Cotton Mills, Chittagong by order dated 9-8-1974 issued from the Textile Mills Corporation. Thereafter he was fully absorbed in the erstwhile PSP Cadre by notification dated 30-8-1978 and joined Sarda Police Academy as ASP on 1-10-1978 and on completion of training he was appointed as Additional Superintendent of Police by notification dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired on completion of 25 years of service. On being aggrieved by the order retirement he filed the aforesaid Administrative Tribunal Case.
(3.) The present petitioner contested the case, before the Tribunal and their case is that the Government was fully competent to direct retirement of respondent No. 2 under section 9(2) of Public Servants (Retirement) Act, 1974 after completion of 25 years of service which has been done in public interest and no illegality or irregularity has been committed in retiring the respondent from service and there was no violation of any of the rules and regulations. The Administrative Tribunal it appears on hearing both the sides by judgment dated 29-10-1996 allowed the case and set aside the order of retirement dated 4-9-1993 and directed for reinstatement of the petitioner with all benefit admissible under the rules. Thereafter, instead of preferring an appeal under the Administrative Tribunal Act the present petitioner moved the High Court Division in Writ Petition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the Peoples Republic of-Bangladesh when there was a forum for appeal before the Administrative Appellate Tribunal established under the Administrative Tribunal Act the writ petition as filed is not maintainable. It has further been observed that in view of sub-Article (5) of Article 102 of the Constitution the application challenging the order or decision of the Administrative Tribunal is not maintainable as, according to the High Court Division the appeal may be taken to the Administrative Appellate Tribunal and when that was not done it cannot be found that the writ petition is maintainable.;
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