ABDUR RASHID SARKER Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) Petitioner Abdur Rashid Sarker who was an Executive Engineer in Public Works Department, Ministry of Works was compulsorily retired from his service with all pension benefits by order dated 2-3-86. He challenged this order of compulsory retirement as illegal and not tenable in law before the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 148 of 1989. The said Administrative Tribunal case was dismissed on 14-2-92. Against that order he preferred an appeal, being Administrative Appellate Tribunal Appeal No. 31 of 1994 and the same was also dismissed by the Appellate Tribunal. Against that impugned judgment the present leave petition has been filed by the petitioner.

(2.) The petitioner was convicted by Special Martial Law Court No. 8 at Jessore in Case No. 14 of 1982 under 11/9 Martial Law Regulations on 12-1-84 and was sentenced to suffer RI for two years and to pay a fine of taka two lakh, in default to suffer RI for 3 years. In Review the CMLA by his order dated 13-4-84 confirmed the sentence of fine and remitted the sentence of imprisonment. Subsequently, the President and Chief Martial Law Administrator by his order dated 2-3-86 retired the petitioner from his service with all pensionary benefits.

(3.) The respondent’s main contention is that the order of compulsory retirement passed by the CMLA is not liable to be challenged before any Court or tribunal and that there was no illegality in the impugned order. The review petition has been rightly rejected after due consideration of all the material facts.