MD. ABDUL JABBAR Vs. GOVERNOR, BANGLADESH BANK

JUDGEMENT

(1.) This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leave petition was dismissed on 27 November 1995.

(2.) The plaintiff-appellant, an employee of the Bangladesh Bank, was dismissed from service by an order dated 5 October 1976. He brought Title Suit No. 487 of 1977 in the first court of Assistant Judge, Khulna challenging the order of dismissal etc. but lost. His appeal therefrom, Title Appeal No. 210 of 1984 also met the same fate. Upon a revision, Civil Revision No. 274 of 1987 a Single Bench of the High Court Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further directed the defendants to "allow the plaintiff to resume his duties within 2 (two) months and the plaintiff is also entitled to his arrear salary from the date of his dismissal to the date of his resumption of duty."

(3.) Defendant No. 1, the Governor, Bangladesh Bank, sought leave to appeal from the said decree which this Court dismissed with observation that the portion of the order-decree allowing arrear salary from the date of his dismissal to the date of his resumption of duty be deleted. For such order this Court gave the following reasons: