POLICE OFFICER (SPECIAL PROVISIONS) ORDINANCE, 1976 (AS AMENDMENT)

Section-2(a)

The respondent was sub-Inspector of Police who was placed under suspension and on 7.6.94 charge was framed against him by the Additional Inspector General of Police Ultimately by impugned order dated 7.7.94 the Additional Inspector General of Police compulsorily retired him from service-In the instant case it is the Appellate Authority which had drawn up the proceeding against the present respondent and imposed the penalty of compulsory retirement upon him-

Held: we are in agreement with the view of the Appellate Administrative Tribunal which held that the order of penalty imposed upon the respondent was not sustainable in law and that the tribunal had correctly held that the proceeding against the respondent was without jurisdiction.

Govt. of Bangladesh & Ors Vs. Sayed Shafiqul Islam 12 BLT (AD) 130.