GOVERNMENT OF BANGLADESH Vs. MD. ABDUL KARIM

JUDGEMENT

(1.) This appeal by leave at the instance of the Secretary, Ministry of Law and Justice and Parliamentary Affairs arises out of a proceeding under the Administrative Tribunals Act, 1980 (Act No.VII of 1981) and is from the judgment and order dated 27.11.1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 33 of 1993 upholding those of the Administrative Tribunal, Bogra passed in AT Case No. 27 of 1992.

(2.) Facts of the case, briefly, are, that the respondent Md. Abdul Karim, who was an Accountant-cum-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time, was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No.1 of 1992 for allegedly taking a bribe of Taka 25.00 from a party, convicted thereunder on 14.11.1982 and sentenced to suffer rigorous imprisonment for six months and a fine of Taka 500.00 in default to RI for two months more. The Zonal Martial Law Authority reduced the sentence to a fine of Taka 200.00 in default to RI for three months.

(3.) The appellant contested the case by filing a written objection stating, inter alia, therein that the order of compulsory retirement was legally passed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court.