GOVERNMENT OF BANGLADESH Vs. MD. IDRISH MIAH

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 22-3-1999 passed by the Administrative Appellate Tribunal in Appeal No.6 of 1996 dismissing the appeal upon modifying the judgment and order passed by the Administrative Tribunal.

(2.) Short facts are that the respondent entered into the service of Family Planning Board as Assistant on 8-8-1969. After emergence of Bangladesh, the said Family Planning Board was redesignated and merged with population control and family planning Directorate. The service of the petitioner was absorbed under the directorate of population control and Family Planning. After seven years of service, he was appointed as Thana Family Planning Officer on 1-3-1978 by a competitive examination through Public Service Commission. While he was serving as Thana Family Planning Officer at Bamna Upazilla under District of Barguna, a departmental proceeding was drawn up against him on 12-3-1988 under Government Servants Discipline and Appeal Rules, 1985 as to the allegations of corruption and misconduct during his tenure of service at Kalapara Upazilla under Patuakhali District. The respondent submitted written statement denying all the charges brought against him. An enquiry officer was appointed on 24-4-1990 who after holding enquiry submitted report finding the respondent guilty. The authority then issued second show cause notice upon him and thereafter dismissed him from service. The contention of the respondent is that he was not allowed to cross-examine the witnesses to defend himself and, as such, he has been prejudiced.

(3.) The Respondent then moved the Administrative Tribunal in Case No. 41 of 1990 and the case was dismissed by the Administrative Tribunal.