GOVERNMENT OF BANGLADESH Vs. MD. ABDUL RAZZAK

JUDGEMENT

(1.) This appeal on leave arises out of the judgment and order dated 12-8-2003 passed by the Administrative Appellate Tribunal in A AT Appeal No. 147 of 2003 arising out of those dated 20-1-2003 in Administrative Tribunal Case No. 224 of 2002 dismissing the appeal summarily.

(2.) The facts, in short, are that the respondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corruption. It was alleged that the respondent No.1 was transferred to the office of TNO Dohar on 24-10-2000 and was directed to join the said office and in default he stood released. But he did not join that office and further allegation was that he destroyed volume of record room and tampered with different documents and further he received bribe in the name of different officers for supplying certified copies of documents. It was further alleged that he tampered with his designation in the service book and that the proceeding was thus started against him and he was asked to show cause and so he submitted his reply which was found unsatisfactory and inquiry officer was appointed and inquiry officer submitted report and thereafter charges were brought against him under sections 3(a) and 3(b) of the Government Servants (Special Provisions) Ordinance, 1979 and he was asked to show cause in reply to which he submitted a written statement in his defence denying the allegations and then he was asked to remain present personally on 29-2-2000 for personal hearing and thereafter second show cause notice was served upon him proposing major penalty to which he again submitted his reply pleading innocence and that by order dated 1-6-2000 the appellant was dismissed from service. The respondent No.1 thereafter filed departmental appeal which was also rejected on 16-9-2000.

(3.) The respondent then filed the aforesaid case before the Administrative Tribunal, Dhaka which was contested by the appellant and others. The Administrative Tribunal by judgment and order dated 20-1-2003 allowed the case.