BANGLADESH Vs. DR. MD. TOFAJJAL HOSSAIN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order passed by the Administrative Appellate Tribunal in Appeal No. 43 of 1998 after obtaining leave from this Court on 28th November, 2001.

(2.) The respondent Dr. Md. Tofajjel Hossain filed a case under section 4 of the Administrative Tribunal Act, 1980 before the Administrative Tribunal, Dhaka on 28.9.1997 for setting aside an order dated 8.7.1997 of the Joint Secretary (Administrative) Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was preferred before the Administrative Appellate Tribunal. The question of maintainability of the case was agitated both before the Tribunal and the Appellate Tribunal. Of the three members, one of the members of the Administrative Appellate Tribunal held the view that the case was not maintainable but the other two members including the chairman held that the case was maintainable. The question of maintainability arose in view of provisions of section 4(2) of the Administrative Tribunal Act, 1980 as amended by Act 24 of 1997. It was alleged on behalf of the present appellants that no review was filed before the President far review of the order of dismissal and as such the case was hit by second proviso to sub-section (2) of section 4 of the Administrative Tribunal Act, 1980. We find that actually leave was also granted to consider this question.

(3.) Mr. A. J. Mohammad Ali, the learned Additional Attorney-General appeared on behalf of the appellant. At the very out set he has conceded that the second proviso to sub-section (2) of section 4 of the Administrative Tribunal Act was added by Act 24 of 1997 which came into force on 19.11.1997, but the case was filed earlier before the Administrative Tribunal. So, he has agreed that the above second proviso cannot be a bar in the case of the respondent who filed the case before the Administrative Tribunal.