KHANDAKER G. NAJIB Vs. CHAIRMAN., BOARD OF DIRECTORS, AGRANI BANK, HO, DHAKA

JUDGEMENT

(1.) This appeal by leave by the petitioner-appellant is from the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993 dismissing the appellants appeal and affirming the judgment and order dated 15-5-93 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellants application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act.

(2.) The appellant, a Manager in the Audit Division of the Head Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from which order was also rejected by the Chairman. Board of Directors of the said Bank on 21-12-81. He filed Title Suit No. 109 of 1982 in the 3rd Court of Subordinate Judge, Dhaka which on transfer to the court of Subordinate Judge and Commercial Court, Dhaka was renumbered as Title Suit No. 72 of 1984. By a judgment and decree dated 28-3-85 the appellants suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of 1985 and the appellant also filed a cross appeal. The respondents appeal was dismissed and the appellants cross-appeal was allowed by judgment and decree dated 28-4-86 passed by the 3rd Court of Additional District Judge, Dhaka. The trial Courts decree was modified thereby. The decree of loss of 3 years seniority in service was deleted. The appellant joined his services on 28-4-86 and he submitted an application on 20-12-86 to the Chairman, Board of Directors of the Bank, respondent No.1 for arrear pay and other financial benefits where after he was informed on 7-9-89 that his prayer had been rejected by the Board. The appellant then filed case No. 27 of 1989 on 29-1-89 before the Administrative Tribunal. Dhaka, claiming as many as nine reliefs mainly concerning his arrear pay, etc. from 16-2-79 to 13-8-86, scale of pay, promotion and other benefits. The Administrative Tribunal dismissed the appellants case solely on the ground that the reliefs claimed for emanate from the Civil Courts decree and are in the nature of ancillary and consequential reliefs arising out of the Civil Courts decree. The appellant by putting the decree into execution in the Civil Court under the saving clause provided in section 13 of the Administrative Tribunals Act 1980 can ask for execution of the decree from the same Court which passed the decree. The petition was held to be not maintainable before the Tribunal. The merit of the appellants case was not gone into.

(3.) On appeal the Appellant Tribunal concurred with the opinion of the Administrative Tribunal and, as already noticed, dismissed the appeal.