SONALI BANK Vs. MD. JALALUDDIN

JUDGEMENT

(1.) This Rule was obtained by the defendants upon an application under section 115 of the Code of Civil Procedure, in brief the Code, against Judgment and order dated 28-08-95 passed by the Subordinate Judge, Second Court, Kishoreganj in Miscellaneous Appeal No. 58 of 1992 affirming those dated 22-08-95 passed by the Senior Assistant Judge, at Sadar, Kishoreganj in Review Case No. 20 of 1990.

(2.) Facts are not disputed. On 22-01-77 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Branch. On 09-05-81 the plaintiff was put under suspension pending decision of a police Case lodged against him by the said Branch of the Bank. On 18-11-82 the plaintiff was dismissed from service under the service rules of the Bank.

(3.) On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon him and that he continued in service of the Bank. But upon hearing the matter on the issue of maintainability at the instance of the defendants, the learned Munsif held that in view of the Administrative Tribunal Act (Act VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentation before the proper Court by his order dated 05-07-86.