BANGLADESH Vs. MAHBUBUDDIN AHMED

JUDGEMENT

(1.) This appeal, by leave, at the instance of the Government, is from judgment and order dated 12 May, 1997 passed by a Writ Bench of the High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991.

(2.) The respondent as writ-petitioner filed the said writ petition on the averments, inter alia, that he qualified in the Central Superior Service and joined the Police service of Pakistan in 1967. He joined the liberation war in 1971 when he was posted as Sub-Divisional Police Officer at Jhenidah. Because of his gallantry and heroic performances in the liberation war he was decorated with the award Bir Bikram. After liberation he served in various posts and while acting as Superintendent of Police of Dhaka District his service was transferred on 28-7-75 from Police service to civil service cadre and he was appointed as District Magistrate Dhaka. After promulgation of Martial Law in 1975 the respondent was detained under the Special Powers, Act, 1974 in the Dhaka Central Jail. Upon a writ petition filed on his behalf he was set free from detention by the High Court Division. He was also exonerated from various criminal cases instituted against him for want of evidence. After his release from Dhaka Central Jail on 18-8-77 he reported his joining at the Establishment Division but he was not allowed to join and was informed by the Ministry that he was suspended from service by a Memo. dated 20-3-76 which was unknown hithertofore. No departmental proceeding was drawn up against him. On 4-1-87 a Memo. under the signature of Deputy Secretary, Establishment Division (appellant No.2 herein) was served on him wherein a true copy of the order dated 8-11-86 passed by Mr. HM Ershad, Chief Martial Law Administrator was quoted showing that he was dismissed from service under Martial Law Order No.9 of 1982 in the interest of Government with immediate effect.

(3.) The respondent challenged the said order in Case No. 151 of 1987 before the Administrative Tribunal, Dhaka but by judgment and order dated 15-11-89 the case was dismissed on the short ground that the Martial Law Order (MLO) was outside the jurisdiction of adjudication by the Administrative Tribunal. The respondent preferred Administrative Appellate Tribunal Appeal No. 74 of 1989 but the same was also dismissed by judgment and order dated 18-11-90 on the ground that the order of the Chief Martial Law Administrator dated 8-11-86 came into effect immediately and the Memo. dated 4-1-87, although passed after the withdrawal of Martial Law, was only a communication of the order of the Chief Martial Law Administrator passed during the currency of Martial Law. As such, the Appellate Tribunal endorsed the decision of the Administrative Tribunal.