MOKBUL HOSSAIN (MD) Vs. GOVERNMENT OF BANGLA­DESH

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 14-12-2000 passed by the Administrative Appellate Tribunal in AAT Appeal No. 51 of 1998 dismissing the appeal.

(2.) The case of the appellant, in short, is that he joined as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, submitted joining report on that very day. By an order dated 12-4-1995 of the Regional Controller of Food, Rajshahi he was transferred to Sirajganj. He joined accordingly at Sirajganj and submitted a representation to the Government on 20-4-1995 for arrear salary and allowance, which was refused to him earlier. In the meantime, his current salary bills were submitted to the respondent No. 4, the District Accounts Officer, Sirajganj, who returned the bills without payment.

(3.) The appellant then filed a case before the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on 1-4-1995.