GOVERNMENT OF BANGLADESH Vs. MD. ABU BAKAR

JUDGEMENT

(1.) Government of Bangladesh represented by the Secretary, Ministry of Establishment preferred this appeal against the judgment and order passed by the Administrative Appellate Tribunal dated 09.11.2000 in Appeal No. 66 of 1998.

(2.) The facts, in short, are that the respondent Md. Abu Bakar joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. While he was Thana Magistrate, Muladi in the District of Barisal he was selected for training in the B.C.S. Academy at Shahbagh and he joined the training course on 26.02.1989. The training course continued up to 07.06.1989. On 08.06.1989 the H.S.C. Examination under the Jessore Board started in Muladi College Centre. Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Barisal Sadar was deputed by the Deputy Commissioner, Barisal by an order dated 05.06.1989 to be in charge of Muladi Examination Centre. After completion of the training course the respondent returned to Muladi on the night following 10.06.1989. On 11.06.1989 when Mr. Abdur Rouf was in charge of the examination centre there was some trouble in which the Upazilla Nirbahi Officer, Mr. Babul Mazumder was assaulted by some miscreants. At that time the respondent was in his office doing his normal duties. When he heard hue and cry from the examination centre he rushed there, arranged medical treatment for Mr. Majumder and directed the police to open fire when the mob attacked the residence of the UNO. He also promulgated prohibitory order under section 144 of the Code of criminal Procedure and lodged F.I.R. being Muladi P.S. Case No.3. An Inquiry Committee constituted by the Deputy Commissioner, held enquiry into the incident and submitted report on 02.09.1989 with the recommendation to transfer the respondent elsewhere and accordingly, the respondent was transferred from Muladi.

(3.) On 28.05.1992, almost after three years, a proceeding was drawn up against the respondent under the provisions of the Government Servants (Discipline and Appeal) Rules, 1985 on allegations that he failed to discharge his duties in connivance with the miscreants at Muladi H.S.C. Examination Centre. The respondent in writing denied the charges on 14.06.1992 and stated further that he was neither in charge of the Examination Centre nor was he at the centre when the trouble arose at about 11.15 A.M. The enquiry found him guilty in its report dated 29.10.1992. He was served with a second show cause notice on 07.02.1993 proposing imposition of major penalty, to which he sent reply pleading innocence. Ultimately the impugned order dated 03.08.1994 was passed illegally imposing upon him penalty of reduction to lower time scale for three years. He then filed review petition against the order which was rejected by the Hon'ble President on 12.07.1995.