MISS SHAHEDA KHATURI Vs. ADMINISTRATIVE APPELLATE TRIBUNAL, DHAKA

JUDGEMENT

(1.) This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. 43 of 1989.

(2.) Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superintendent of Customs challenged the order of her dismissal from service dated 26.8.87 by filing Administrative Tribunal Case No. 183 of 1988 before the Administrative Tribunal, Dhaka. The Tribunal dismissed the case by its judgment and order dated 21.8.89 whereupon the appellant preferred aforesaid appeal No. 43 of 1989 before the Administrative Appellate Tribunal, Dhaka. The hearing of the appeal started before a duly constituted Appellate Tribunal consisting of the Chairman and two members but subsequently the Chairman could not attend the hearing due to his personal difficulties and the hearing of the appeal continued before the two members of the Tribunal and after conclusion of the hearing judgment was delivered on 7.6.90 dismissing the appeal.

(3.) The appellant then moved the High Court Division under article 102 of the Constitution against the said judgment of the Appellate Tribunal and a Rule Nisi was issued in writ petition No. 1637 of 1990. A Division Bench of the High Court Division, by its judgment and order dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appellate Tribunal to be heard and disposed of by a properly constituted Tribunal in accordance with law.