GOVERNMENT OF BANGLADESH Vs. MD. ANWARUL ISLAM

JUDGEMENT

(1.) These two appeals are taken up for disposal which arose out of judgment and order dated 17th February, 1997 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 29 of 1995 allowing the same with certain observations.

(2.) The short fact leading to these appeals are that Md. Anwarul Islam, former Police Sergeant appellant in Civil Appeal No. 61 of 1997 filed Administrative Tribunal Case No.107 of 1991 alleging that earlier he was posted at eastern Police Post, Dhaka and on 20.6.1984 at dead of night while he was returning home from duty station at East Dhanmondi Police outpost he found a Microbus bearing No. Dhaka Cha-1456 moving suspiciously and after a chase he arrested the driver and found two bales of Indian cloth in the Microbus. He then escorted the driver and the Microbus and cloths to Dhanmondi Police Station with the help of another police sergeant and handed over the driver, the Microbus and two bales of Indian cloth and lodged First Information Report which was recorded as Dhanmondi P.S. Case No. 61 (6) 84 under Section 156 (4) of the Customs Act. It is the case of the petitioner that thereafter he was transferred to Khulna on 8.7.1984 by the Inspector General of Police where he joined in 15.7.1984. It is his further case that Assistant Commissioner of Dhaka Metropolitan Police investigated the case and submitted a report on 16.7.1984. On 30.7.1984 respondent petitioner was suspended by the Metropolitan Police Commissioner, Dhaka on the basis of that report and a proceeding drawn up against him under the Police Officers (Special Provisions) Ordinance, 1976 on a charge of corruption on the allegation of illegally releasing 18 bales of Indian cloth seized by him. A show cause notice was served upon him on 15.10.1984 to which he submitted a written statement in his defiance on 27.10.1984 denying all the charges brought against him. In that proceeding 4.11.1984 was fixed for personal hearing before the inquiry officer where he appeared but was not heard. Then the inquiry officer completed the inquiry but the copy of the charge sheet of the Dhanmondi Police Station case was not supplied to him and thereby he was denied the opportunity of defense. Then by order dated 17.11.1984 he was compulsorily retired from service. Then the respondent preferred appeal which was rejected on 7.3.1985. Then again revisional application was filed on 30.3.1985 which was also rejected on 16.1.1991 and thereafter the aforesaid case before the Administrative Tribunal was filed on 28.4.1991.

(3.) The case was contested by appellant No. 2 the Inspector General of Police by filing a written statement denying the material allegations. It was the case of the contesting party that from the Microbus 20 bales of Indian cloths were seized but after producing only two bales to the duty officer the First Information Report was lodged stating that only two bales were seized consequent to which a departmental proceeding was started against the respondent on charges of misconduct and corruption under Clause 4(1) and 4(IV) of the aforesaid Ordinance of 1976 and after observing the formalities including second show cause notice respondent was compulsorily retired from service on 17.11.1984 under the aforesaid Ordinance.