BANGLADESH KRISHI BANK Vs. MD. SAIDUL HAQUE

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 13.9.2007 of the Administrative Appellate Tribunal passed in A.A.T. Appeal No. 70 of 1998 affirming those of dated 23.8.1998 of the learned Member, Administrative Tribunal, Dhaka passed in A.T. Case No.78 of 1996 dismissing the case.

(2.) The respondent filed the above A.T. Case No. 78 of 1996 on the averments that while he was serving as a "Godown Officer" in charge of M/s. Fish Homes Limited, he was placed under suspension on 25.9.95 and on 19.1.1994 the concerned authority framed charge against him under section 37(Ka), (Kha), (Ghha), (Ya) and (Cha) of Bangladesh Krishi Bank Karmachari Chakuri Probidhanamala, 1988 for gross negligence, misconduct, corruption and misappropriation of money proposing penalty of dismissal from service and he submitted reply to the same denying the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply complied with the orders of his controlling authority but on 23.9.1993 a criminal case was lodged against him and an inquiry committee was also formed to inquire into the charges made against him.

(3.) But due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee made enquiry against him ex-parte and submitted report giving opinion that all charges against him have been proved. Then the authority dismissed him from service on 31.10.1994. Then he, on 24.10.1994, filed departmental appeal which was rejected on 21.1.1996.