GOVERNMENT OF BANGLADESH Vs. MD. ATIAR RAHMAN MOLLAH

JUDGEMENT

(1.) Delay is condoned.

(2.) This petition for leave to appeal has been filed against the judgment dated January 13, 2004 of the Administrative Appellate Tribunal in Appeal No. 53 of 2000 dismissing the same. The appeal was filed against the judgment dated January 20, 2000 of the Administrative Tribunal, Bogra in Administrative Tribunal Case No.19 of 1999 allowing the same in part and consequent thereupon modifying the punishment imposed on the Respondent herein to censure. The Administrative Tribunal by its aforesaid order set aside the order dismissing the departmental appeal of the Respondent No.1 and thereupon restored the previous pay scale of the Respondent and that also passed order for the payment of pension, gratuity and other benefits.

(3.) The Respondent joined in the service in 1961 as Constable and was promoted as S.I. on December 1, 1971 and thereafter promoted as Inspector on May 1, 1986, that on October 30, 1996 a departmental proceeding under the provision of the Government Servants (Discipline and Appeal) Rules, 1985 was initiated against the Respondent. In due course the Respondent submitted his explanation and then an enquiry was held and a report was submitted on November 11, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and to that he replied, that the authority by the order dated June 22, 1998 upon dawn grading time scale one step for two years demoted the Respondent. As against the order of punishment the Respondent filed appeal and the same was dismissed. Thereupon the Respondent filed the case before the Administrative Tribunal. The Administrative Tribunal on consideration of the materials on record and the facts and circumstances of the case arrived at the finding that the punishment that was awarded to the Respondent was not appropriate one and thereupon made the order as stated hereinbefore.