DG, PRISONS Vs. MD. NASIM UDDIN

JUDGEMENT

(1.) This petition for leave to appeal is against judgment and order dated 14-7-1996 passed by the Administrative Appellate Tribunal in Appeal No. 01 of l995 affirming the judgment and order dated 31-l0-19 passed by the Administrative Tribunal, Bogra Administrative Tribunal Case No. 21 of 1994 dismissing the appeal.

(2.) The short fact leading to this petition is the respondent Md. Nasim Uddin instituted the aforesaid Administrative Case stating that he was a warder in Pabna jail and on 23-10-1992 the Superintendent of Pabna jail ordered for drawing up of a departmental proceeding against him and he himself held inquiry in the absence of the respondent and submitted a report to appellant No. 2 Deputy Inspector General of Prisons who without any second show cause notice and without giving any opportunity to the respondent to defend himself dismissed him from service by order dated 4-11-1992. Respondent then preferred an appeal to appellant No. 1 who dismissed the appeal by his order dated 29-1-1994. Thereafter the respondent filed aforesaid AT Case alleging that he was not given any opportunity to cross-examine the witnesses from the prosecution and also was not allowed to examine his own witnesses and that there was no second show cause notice thereby totally depriving the respondent of the opportunity of self defence and the second show cause notice is a constitutional protection for the respondent.

(3.) Before the Tribunal the present petitioner and others entered appearance and their case is that as the respondent caused disturbance while performing duties as a warder in Pabna Jail proceeding was initiated against him and after inquiry it was found that the respondent is guilty of misconduct and accordingly following the provision of Rule 205 of the Jail Code he was ultimately dismissed.