NURUL HUSSAIN Vs. GOVERNMENT OF THE REPUBLIC OF BANGLADESH

JUDGEMENT

(1.) This is a petition for review of the order passed on 25 August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitioner.

(2.) The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding. Facts of the case have been set out in the order which is the subject matter of the present review. The petitioners challenge to his order of dismissal proved abortive in the Administrative Tribunal whereupon he took an appeal and the Appellate Tribunal substituted the order of dismissal with an order of compulsory retirement with all benefits as per rules. The petitioners prayer for leave to appeal from the appellate order also proved unsuccessful and now this petition for review of the order dismissing his leave petition.

(3.) Mr. Md. Nurul Huq, learned Advocate for the petitioner, argued that the petitioner was found guilty of the alleged misconduct without any evidence whatsoever, that the act alleged against the petitioner was not in violation of either any Government or departmental order and that there was thus no basis for finding the petitioner guilty of misconduct. Mr. Huq also submitted that even if the petitioner was guilty of the alleged act, it was merely an irregularity and, as such, the sentence passed upon him should have been less severe.