LAWS(BANG)-1988-11-3

MOZIBUR RAHMAN Vs. CHAIRMAN, DHAKA IMPROVEMENT TRUST

Decided On November 20, 1988
MOZIBUR RAHMAN Appellant
V/S
Chairman, Dhaka Improvement Trust Respondents

JUDGEMENT

(1.) This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka discharging the rule in Writ petition No.l20 of l985.

(2.) The appellant, an Assistant Engineer (Civil) in the employment of the erstwhile Dhaka Improvement Trust (now designated, briefly, as RAZUK) filed the Writ Petition challenging the order dated 16.4.85 passed by the Chairman, D.I.T. (Respondent No.1) promoting the respondent No.2, another Assistant Engineer (Civil), to the post of Executive Engineer (Civil) which fell vacant. The appellant, inter alia, alleged in his Writ Petition that the Respondent No. 2 was junior to him by 7 years, he having been appointed on 26.4.72 and the respondent No.2 on 5.5.79 as Assistant Engineers. It was claimed that the appellant was entitled to promotion to the higher post of Executive Engineer on the basis of seniority. The appellant alleged that respondent No. 2 was abruptly and secretly promoted to the next higher post without complying with the procedure of interview and selection by the Board which was malafide and illegal. His promotion was malafide also because he was given the same even though in 1983 he was charged for misconduct and corruption. The appellant alleged that he was communicated with his A.C.Rs of 1982-1983 and 1984 by a letter dated 19.3.85 which was in violation of the requirements contained in the A.C.R. form itself. It was done intentionally to create hindrance on the way of promotion of the appellant to the next higher post, it was alleged further.

(3.) In a supplementary affidavit, the appellant staled that his case was better than that of the respondent No. 2 even on merit which was not considered by any selection board or by the respondent No. 1 or by the Board of trustees.