BANGLADESH Vs. MD. WAZIULLAH

JUDGEMENT

(1.) This petition for Leave to Appeal at the instance of the petitioner is directed against the order dated 14.05.2007 of the Administrative Appellate Tribunal, Dhaka in Appeal No. 33 of 2007 in rejecting the Memorandum of Appeal as barred by limitation.

(2.) The short facts of the case is that the respondent, Md. Wazilullah was born on 01.01.1954 and joined in the Police Service on 15.02.1973 as a constable. Thereafter, in recognition of his unblemished service record he was promoted as Assistant Sub-Inspector of Police on 10.05.1979 and as ASI on 29.02.1984. He successfully completed DTS course in 1988, Renewal Course in 1989, TTS Course in 1996, Prosecution Course in 1998 and Immigration Training in 2003. He had unblemished service record. During his service life he was given 44 rewards. While he was working as an ASI of Special Branch, Dhaka received the impugned malafide and illegal order dated 07.10.2003 issued by the Inspector General of Police (Acting) in purported exercise of power under Section 9(2) of the Public Servants (Retirement) Act, 1974 on 11.10.2003. The impugned order is ex-facie illegal and void, because the power under Section 9(2) of the Public Servants (Retirement) Act, 1974 could only be passed in a clear case of 'public interest' by the Government. Only the Government is competent to retire a Public Servant under Section 9(2) but the impugned order was passed by the Inspector General of Police (Acting) which is without jurisdiction and as such it is illegal and void abinitio.

(3.) The said petitioner also mentioned that he was born on 01.01.1954 and he would reach the normal age of superannuation on 01.01.2011. The impugned order has been passed 8 years earlier to his normal retirement. He mentioned a list of 10 officers who have completed 25 years of service and having much inferior record of service are being kept in service; that after receipt of the impugned order the said petitioner made an appeal on 18.10.2003 for reinstatement in service. But did not get any response and thus compelled to seek relief before the Tribunal.