MD. ABDUS SATTER Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous Appeal No. 03 of 2005 affirming the judgment and order dated 18.12.2004 passed by the Administrative Tribunal, Barisal in Administrative Tribunal Miscellaneous Case No. 03 of 2004 arising out of Administrative Tribunal Case No.49 of 2002 dismissing the Miscellaneous Case for default.

(2.) The facts, in short, are that after completion of his graduation degree on 09.07.1973 the petitioner joined as Junior Assistant in Bangladesh Krishi Bank, Patuakhali Branch and was subsequently promoted as Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was enquired into by a two member committee which submitted report. The authority concerned awarded a penalty to deposit an amount equivalent to 7(seven) days basic salary to the Bank; the petitioner being aggrieved preferred Departmental Appeal No.76 of 2000-2001 which was also dismissed and hence the case.

(3.) The defendant No.5 contested the case by filing written statement denying material allegations made in the plaint contending, inter-alia, that the penalty was awarded in accordance with law.