QAMRUL ISLAM SIDDIQUE Vs. SABER AHMED

JUDGEMENT

(1.) This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh represented by the Secretary, Ministry of LGRD and Co-operatives was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engineering Bureau who was dismissed from Service on 9tn May, 1991 on the ground of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the case.

(2.) Facts, in short are that respondent No.1 after obtaining degree in Civil Engineering joined on 25th September 1961 as Assistant Engineer in the then East Pakistan Water and power Development Board and while was holding the post of sub Divisional engineer he left the said organization and joined on 1st December, 1966 as District Engineer in Noakhali Zilla Parishad on the basis of a letter of appointment issued under the signature of the secretary, Basic democracies and Local government department of the then a Government of East Pakistan as per provision of East Pakistan Local Councils service Rules, 1968. The respondent No.1 as district Engineer served in different districts and lastly served as District Engineer in Chittagong Zilla Parishad.

(3.) On 23rd August, 1984 National Implementation Committee for Administrative Reorganization (NICAR), recommended for creation of Local government Engineering Bureau (LGEB) comprising the District Engineers and other Engineers of the Zilla parishad and there upon LGEB was created with the said personnel. The respondent No.1 while working as District Engineer in Chittagong Zilla Parishad, he and 32 others were absorbed by the office order issued under the signature of the Deputy Secretary (Development) of Local government Division, Ministry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as superintendent Engineer and he worked there as superintendent Engineer from 5th September,1985 to 10th July, 1987 in Noakhali Rural Development project II and thereafter on 16th July, 1987 he was transferred to Mymensingh as executive Engineer and thereafter on 28th February,1989 he was transferred to Borguna as Executive Engineer, but he did not Join either in Mymensingh or in Borguna. The respondent No. 1 challenged his transfer as Executive Engineer to Mymensingh by filing A.T Case No.182 of 1987 which was pending till the time of disposal of the Administrative Tribunal Appeal No. 20 of 1997.