The departmental appeal was rejected on 5.6.88 by the higher administrative authority and the case was filed before the Administrative Tribunal on 24.5.85. Hence it is barred by limitation as the provision of Section 4(2) contemplates filing of the case within six months from the disposal of the appeal by the higher administrative authority. [Para-4]
A. K. M. Any ad Hossain Vs. Superintending Engineer & Ors. 8BLT (AD)-43
In the instant case the jurisdiction of the Administrative Tribunal in entertaining the case without performing any appeal before a higher administrative authority was not in fact raised before the Administrative Tribunal and Administrative Appellate Tribunal. Respondent No. 1’s representation for getting ante-dated seniority was being considered by the relevant authorities namely, the National Board of Revenue, the ministry of Establishment and Public Service Commission from 2.1.90. Ultimately National Board of Revenue passed the impugned order dated 29.7.91 refusing to grant ante-dated seniority to the petitioner in spite of the recommendations of the Ministry of Establishment and the Public Service Commission. This impugned order is in fact the order of a higher administrative authority as because the officers of the taxation department are under the administrative control of the National Board of Revenue and the National Board of Revenue is in fact the final higher administrative authority for the purpose of granting ante-dated seniority to respondent No. 1. Hence the question of filing any
appeal to higher administrative authority for the purpose of granting ante-dated seniority to respondent No. 1 does not arise. The representation of respondent No I having been turned down by the National Board of Revenue, which is the higher administrative authority in the case of respondent, the question of preferring any further appeal does not arise in the facts of this case.
Govt, of Bangladesh & Anr. Vs. Md.. Nurul Haque Miah &Ors. 9BLT(AD)-36
Section-4(2) read with Limitation Act, 1908
Section-14 of the Limitation Act is not applicable to the proceeding before the tribunal.
Ahal Bashar Vs. Investment Corp. of Bangladesh & Ors. 9 BLT(AD)-92.