MA GAFUR AND ANR. Vs. GOVT. OF BD REP. BY SEC., MIN. OF DEFENCE

JUDGEMENT

(1.) Both these leave petitions have arisen out of the same impugned judgment and order dated 10-8-2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disposed of by this judgment.

(2.) Leave Petition No. 975 of 2001 has been preferred by the writ petitioner MA Gafur in Writ Petition No. 4188 of 1999 discharging the Rule and consequent thereupon upholding the order of retirement passed against the writ petitioner under section 9(2) of the Public Servants (Retirement) Act, 1974 (XII of 1974). Similarly, writ petitioner Md. Basirullah Tapader in Writ Petition No. 976 of 2000 moved unsuccessfully in that writ petition and the Rule was discharged upholding the order of retirement passed against the writ petitioner under the aforesaid sections of Public Servants (Retirement) Act, 1974 (XII of 1974).

(3.) The petitioner MA Gafur, joined as Lower Division Clerk on 1st July, 1965 in the Military Estate Office of erstwhile East Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was running his service to the best. of his capacity and honestly and he was promoted to the post of the Assistant Director, Administration, Class-1, Military Lands of the Cantonment, by notification dated 30th November, 1995 and thereafter, he was promoted to the post of the SDO in the same Administrative Department. But some interested quarters, as it is submitted by the petitioner, raised the question as to promotion of the petitioner to the post of SDO from non-technical staff i.e. UDC and Head Clerk. An investigation was initiated by the Ministry of Defence of the Government of Bangladesh.