SHAIKH MUSTAINUL HAQUE Vs. INSPECTOR GENERAL OF POLICE
LAWS(BANG)-1995-6-9
SUPREME COURT OF BANGLADESH
Decided on June 14,1995

Shaikh Mustainul Haque Appellant
VERSUS
INSPECTOR GENERAL OF POLICE Respondents

JUDGEMENT

A.T.M.AFZAL,J. - (1.) This appeal by leave is from judgment and order dated 28 February, 1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.62 of 1992 setting aside those dated 11 August 1992 passed by the Administrative Tribunal, Dhaka in AT Case No. 328 of 1989.
(2.) Appellant, a Sub-Inspector of Police, while on leave preparatory to retirement was dismissed from service, following a departmental enquiry, by order dated 2.8.1988 passed by the Deputy Inspector General of Police. Khu1na Range, respondent No.3. He filed an appeal against the said order of dismissal which was dismissed by the Inspector General of Police, respondent No. 1 by order dated 21 October 1988. The appellant then filed an application on 1.11.1988 to the Secretary, Ministry of Home Affairs, respondent No.2 but it was rejected by an order dated 14.9.1989 and within 6 months thereof the appellant filed a case. No.328 of 1989, before the Administrative Tribunal. Dhaka under section 4 (1) of the Administrative Tribunal Act 1980, briefly, the Act, impugning the said order of dismissal.
(3.) The Tribunal after hearing the parties allowed the case and set aside the order of dismissal by its judgment and order dated 11.8.1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (AD) 256, that the appellant having already gone on LPR he was no longer in the service of the Republic and, as such, the impugned proceeding could not be drawn up against him legally. He was found entitled to all pensionary benefits under the Rules.;


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