GM, JANATA BANK Vs. MD. SHAH ALAM SARKER

JUDGEMENT

(1.) This appeal following leave by the General Manager, Janata Bank is against the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal Appeal No. 68 of 1994 setting aside the judgment and order dated 19-2-92 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 224 of 1992, dismissing the tribunal case.

(2.) The short point raised for consideration in this appeal is, whether the application filed by the respondent under section 4(2) of the Administrative Tribunals Act, 1980 (Act No. VII of 1981) was maintainable and whether the Tribunal has jurisdiction to interfere with the order complained against.

(3.) The case of the respondent briefly, is that he was appointed as an officer of the appellant Bank on 4-1-78. He became mentally disturbed because of family troubles and went on leave from 4-3-85. He was under treatment for 6/7 months and thereafter resumed duties. In 1988, he again lost his mental balance and the doctor upon examining him gave a report that he was suffering from mental disease and was unfit to perform his official duties. On 1-4-89, he submitted a prayer for invalid retirement whereupon a Medical Board was constituted which upon examination found him unfit to continue with his job in the Bank. On the basis of the report of the Medical Board the respondent was given invalid retirement on the ground of mental incapacity. On 15-10-89, he was released from his job. Thereafter on 15-8-90, he submitted an application for re- employment in the Bank supported by a medical certificate. A Medical Board was constituted which after examining him found him mentally and physically fit to continue his job in the Bank. The authority, however, did not consider the report of the Medical Board and instead of re-appointing, him rejected his application for re-employment by order dated 16-3-92.