SECRETARY, MINISTRY OF DEFENCE Vs. ABDUL MANNAN LASKER

JUDGEMENT

(1.) This appeal by way of leave arises out of the judgment and order dated 26.9.1994 passed by Administrative Appellate Tribunal, Dhaka in Appeal No. 15 of 1993 allowing the appeal and setting aside the judgment and order of the Administrative Tribunal dated 7.1.1993 dismissing Administrative Tribunal Case No. 38 of 1987.

(2.) The respondent No.1 filed the above Administrative Tribunal Case stating that on 10.2.70 he was appointed as a Chargeman in the Pakistan Ordnance Factory at Wah Cantonment, Rawalpindi and on 10.5.71 he came to Bangladesh on 38 days earned leave and on his arrival at home in the district of Faridpur, he participated in the war of liberation by way of supplying food to the freedom fighters and after liberation of Bangladesh he joined the Bangladesh Ordnance Factory at Gazipur on 16.12.71 and had he not joined the war of liberation, after expiry of his leave, he could easily go to Pakistan to join his service there; he was granted two years ante-dated seniority in recognition of his participation in the liberation war but for some unknown reason by order dated 19.3.86 his ante-dated seniority was cancelled and the review petition filed by him in respect of the above order dated 19.3.86 was also rejected.

(3.) The appellant contested the above case and filed written statement denying all the material allegations and stating, inter alia, that respondent No.1, who was appointed as Chargeman in the Engineering Trade of Pakistan Ordnance Factory on 10.2.70 came to his home by taking 38 days earned leave from 10.5.71 to 16.6.71 and he never participated in the liberation war and on the other hand after expiry of leave, he prayed for extension of his leave on medical ground by sending letters and telegram and also prayed for allowing him to join in the Ordnance Factory at Gazipur by expressing his allegiance to the Government of Pakistan and further, the father of respondent No.1 also sent petition seeking mercy of the authorities in Pakistan. After, liberation the respondent No.1 joined Gazipur Ordnance Factory and by supplying false particulars obtained two years ante-dated seniority. Subsequently after his previous service records were received from Pakistan, it was revealed that he did not participate in the war of liberation and on the contrary he showed allegiance to the Government of Pakistan and so his two years ante-dated seniority was cancelled.