MOHAMMAD FAZLUL KARIM - (1.) This appeal by leave is directed against the impugned judgment and order dated 30.11.2000 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No.1 of 2000 allowing the appeal on contest against the order No.3 dated 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under suspension and also the order of the same date framing charge against him for the purpose of further enquiry.
(2.) The respondent as the petitioner instituted Administrative Tribunal Case No. 282 of 999 on 15.2.1999 before the Administrative Tribunal, Dhaka.
(3.) Dhaka stating, inter alia, that the respondent joined the service on 6.3.70 as a Social Welfare Organizer under the Ministry of Social Welfare, since then he served at different stations efficiently, sincerely, honestly and to the satisfaction of the authority. He was promoted to the post of Assistant Director on 27.11.86 and was posted at Jessore. Lastly, he was posted to the District Social Service Office, Pabna. That the Additional Secretary-in- Charge, Ministry of Social Welfare by his order dated 16.6.1991 framed charge against him. There were many other allegations in the charge as regards misuse of public money, misappropriation and irregularity in dealing Government money, etc. The allegations were enquired into and by order dated 1.6.1995 he was retired from service. The respondent filed Administrative Tribunal Case No.84 of 1996 before the Administrative Tribunal; Dhaka with a prayer for setting aside the order of retirement dated 1.6.1995. The Administrative Tribunal after hearing the parties allowed the case on contest by the judgment and order dated 15.9.1998. The Administrative Tribunal disposed of the case on merit discussing all the material facts necessary for proper adjudication. The said Tribunal observed that no evidence was there to establish any of the allegations labelled against the respondent mentioned in the charge. And, as such, the Administrative Tribunal set aside the order imposing penalty upon the respondent and directed the authority to reinstate the respondent in service with all financial benefits. The authority preferred no appeal against the said judgment and order dated 15.9.99 passed in A.T. Case No.84 of 1996 before the Administrative Appellate Tribunal and accepted the judgment and order in question. Thereafter, the authority in the Ministry of Social Welfare by their order dated 4.5.1999 transferred the respondent to the District Social Service Office, Khagrachari as the Assistant Director. The respondent joined there and took over charge of the said office on 31.5.99 from Janab Teslim Uddin Ahmed, Deputy Director, District Social Service Office, Khagrachari. The respondent served as the Assistant Director in the District Social Service Office Khagrachari until he was again placed under suspension by order dated 11.11.1999 passed by the Secretary, Ministry of Social Welfare. Before his suspension the respondent served the department very sincerely, honestly and efficiently, he received salary and allowance from May, 1999 to October, 1999. The authority by obeying the directions give by the Administrative Tribunal, Dhaka reinstated the respondent in service, accepted his joining report, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules. Thereby all the actions of the provisions, departmental proceeding starting from framing of the charges by order dated 16.6.91 were complete, closed and past transaction. After compliance with the direction given by the Administrative Tribunal, Dhaka in A.T. Case No.84 of 1996 and after rendering service physically for more than 6 months by the respondent, the Secretary, Ministry of Social Welfare most illegally and only to harass the respondent passed an order dated 11.11.99 directing further enquiry under the provision of rule 11 (3) of the Government Servants (Discipline and Appeal) Rules 1985 placing the respondent under suspension with immediate effect from 1.6.1995 which was contrary to the provision of rule 11(3). Thereafter the Secretary, Ministry of Social Welfare by order dated 11.11.99 framed charge on the selfsame allegations in the previously disposed of charges and directed the respondent to submit explanation within ten working days. In the last portion of the said order the Secretary directed suspension of the respondent from service with effect from 1.6.1995, though he served after reinstatement in service for more than six months during the interim period. This action of the Secretary, Ministry of Social Welfare is out and out illegal one which should not be allowed to stand.;