SREE HARE KRISHNA DAS Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This civil petition for leave to appeal arises out of the judgment and order dated 1.6.2002 passed by the Administrative Appellate Tribunal at Dhaka in Appeal No. 69 of 1995 affirming those of dated 25.3.95 passed by the Administrative Tribunal, Dhaka dismissing Administrative Tribunal Case No. 93 of 1992.

(2.) The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is illegal and void and also praying for his reinstatement in the service, stating inter alia that the petitioner joined his service as Munsiff at Mymensingh Sadar on 10:2.69 and by dint of his merit and diligence he was duly promoted as Subordinate Judge and then as Additional District and Sessions Judge and he also got a time scale; while the petitioner was serving as Additional District and Sessions Judge at Jessore by Notification dated 15.11.84 suddenly he was dismissed from service under Martial Law Order No. 9 of 1982 without calling for any explanation and/or without affording him any opportunity to defend the allegations which were made against him; the petitioner then filed several applications to the then President of Bangladesh for reconsideration and review of the order of dismissal but receiving no response he filed Writ Petition No. 396 of 1989 before the High Court Division challenging the impugned order of dismissal from the service and by order dated 30.10.1991' the Rule was made absolute directing the Principal Secretary to the President of Bangladesh to form a forum for review of the case of the petitioner; against the above judgment and order the respondent No.2 filed a petition for leave to appeal before the Appellate Division but subsequently the same was withdrawn; the Government formed a general review forum for the purpose of consideration of the review cases by general notification but with regard to the direction given in the above Writ Petition No.396 of 1989 on 30.10.91 no forum for review was formed and no petition for review was also called from the petitioner or from the office of the Chief Martial Law Administrator and/or President's Secretariat and it is only the Joint Secretary (Admn) of the Ministry of Law and Justice directed the petitioner to file review petition addressing him; the petitioner then filed review petition addressing the Joint Secretary (Admn) Ministry of Law and Justice but then the so called review forum did not ask the petitioner to appear before it to explain his case and without giving the petitioner any opportunity of being heard in person and defend his case, by letter dated 21.12.91 the petitioner was informed that by order dated 11.12.91 the forum rejected the above review petition; the above decision of rejection alleged to be passed by the review forum was required to be examined, perused and approved by the Hon'ble President of Bangladesh but nothing having been done in this regard, the rejection of review petition is illegal.

(3.) The Administrative Tribunal by judgment and order dated 25.3.1995 dismissed the above case and being aggrieved the petitioner filed Appeal No.69 of 1995 before the Administrative Appellate Tribunal but the same was also dismissed.