BANGLADESH Vs. NAZIRUDDIN AHMED

JUDGEMENT

(1.) This appeal by Special Leave arises out of a suit by respondent Mr. Naziruddin Ahmed, which was dismissed by the trial Court but decreed on appeal by a Division Bench of the erstwhile High Court of East Pakistan.

(2.) The circumstances giving rise to the suit may be summarized as follows: The plaintiff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having been referred to a Screening Committee appointed under section 3 of the Public Conduct (Scrutiny) Ordinance, 1959 (Ordinance No III of 1959), the Chairman of the said Committee served a notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was inefficient, and on the 24th April, 1959 it recommended his retirement from service. Thereafter, by a notification bearing No. 2742 G.A., dated the 29th May, 1959 the Governor of East Pakistan ordered his retirement for inefficiency with effect from the 1st June, 1959. A copy of the said notification was served on the plaintiff under memorandum No. 2742/1-G.A., communicating a further order directing him to ''hand over charge on the forenoon of the 1st June, 1959 positively".

(3.) The aforesaid notification No. 2742-G.A., dated 29-5-59 containing the retirement order is set down below: Notification No. 1742-G. A., dated the 29th May, 1959.