SHAFIQUL ISLAM Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 29-4-2002 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Tribunal Appeal No. 185 of 1999 dismissing the appeal and affirming the judgment and order dated 6-9-1999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994.

(2.) The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different type sof bills of the Army personnel. One Harun-orRashid, ex-Army man, filed a criminal case in the Cantonment PS on 13-11-1983 against the petitioner out of grudge and he was arrested by the police and was placed under suspension on 7-12-1983 with effect from 27-10-1983. The case was ultimately brought before the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceeding was stopped under section 339(C) (4) of the Code of Criminal Procedure and the petitioner was released. He filed an application for reinstatement in the service with all benefits. The petitioner was allowed to join in the service but he was not given benefit of the period of suspension. The petitioner preferred appeal before the opposite party No.1 who allowed 75% of the petitioner's salary during the period of suspension and considered period of suspension countable for pension vide order dated 8-11-1993.

(3.) Being aggrieved the petitioner instituted Administrative Tribunal case No. 120/94 before the Administrative Tribunal, Dhaka which was dismissed on 6-9-99.