Decided on June 19,1995

Director (Est. And Admin) T And T Board, Tele Com Building Appellant
Hasan Ahmed And Anr Respondents


MD.ISMAILUDDIN SARKER,J. - (1.) This appeal by leave by the appellant, Director (Establishment and Administration) T & T Board, Telecommunication Building, Dhaka is against the judgment and order dated 31.3.1993 passed by the Administrative Appellate Tribunal Dhaka is Appeal No. 53 of 1992 setting aside the judgment and order dated 26.7.1992 passed by the Administrative Tribunal in Administrative Tribunal Case No. 29 of 1990.
(2.) Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service.
(3.) The case of the respondent No. 1, in short, is that he had been in service in the Office of the Divisional Engineer (Air Condition) T & T Board, Dhaka as Telecommunication Mechanic, in short TCM since 1981. As he did not assist the Divisional Engineer Mr. Maniruzzaman Khan in his corrupt activities the latter bore grudge against him and he suspected that allegation was brought against him in the Anti-Corruption Bureau for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four heads, namely, that (i) on 29,8.1987 at about 9-00 AM he abused Mr. Mofizullah, a dealing Assistant and Mr. Sarker Alauddin, an Upper Division Clerk of the Central Office T & T Board. Dhaka in filthy language, (ii) that on 20.2.1988 at about 10-30 AM he assaulted Mr. Sarker Alauddin TCM on duty inside Ramna 240 tons Air Condition Plant, (iii) that on 24.4.1988 at about 1-45 PM he abused the Divisional Engineer. (Air condition) T & T Board over telephone and (iv) that on 11.5.1988 he threatened LSD Clerk Mr. Jasimuddin Ahmed. A departmental proceeding was started against him in which one Mr. Md. Ashraful Alam, Divisional Engineer, Management (Termination) was appointed as Enquiry Officer to enquire into the allegations contained in the charges against him. The respondent No.1 submitted a written statement denying the allegations leveled against him. The respondent No.2 is the Chairman T & T Board, Dhaka.;

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