Government of Bangladesh and others Vs. Md. Azim Howlader

Case No: Civil Petition for Leave to Appeal No. 1148 of 2005

Judge: Mohammad Fazlul Karim ,

Court: High Court Division,,

Advocate: M. A. Azim Khair,,

Citation: V ADC (2008) 770

Case Year: 2008

Appellant: Government of Bangladesh and others

Respondent: Md. Azim Howlader

Subject: Administrative Law,

Delivery Date: 2007-11-10

Government of Bangladesh and others

 Vs.

Md. Azim Howlader, 2007,

V ADC (2008) 770

 

Supreme Court
Appellate Division

(Civil)
 

Present:
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Hassan Ameen J
 
Government of Bangladesh and others ………...Petitioners

Vs.

Md. Azim Howlader………………........Respondent
 
Judgment
November 10, 2007.
 
The Administrative Tribunal Act 1980
Section 6 (2)
The Said Act, Section 6 (2A)
An application for condonation of delay of 6(six) months 11 (eleven) days but the Administrative Appellate Tribunal by an order passed on 25.06.2005 rejected the said application for condonation of delay and dismissed the appeal.
 
Lawyers Involved:
M. A. Azim Khair, Deputy Attorney General, instructed by B. Hossain-Advocate-on-Record-For the Petitioners.
Not Represented- the Respondent.

Civil Petition for Leave to Appeal No. 1148 of 2005.
(From the judgment and order dated the 25th June, 2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 48 of 2005).
 
Judgment:
               Mohammad Fazlul Karim J. - This peti­tion for Leave to Appeal at the instance of the petitioners are directed against the judgment and order dated 25.06.2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 48 of 2005 dismissing the Memo of Appeal.

2.  The appeal was filed with an applica­tion for condonation of delay of 6(six) months    11 (eleven) days but the Administrative Appellate Tribunal by an order passed on 25.06.2005 rejected the said application for condonation of delay and dismissed the appeal.

3. The appellants being aggrieved by the said judgment and order passed by the Administrative Appellate Tribunal, Dhaka preferred this petition for leave to appeal.

4. Mr. M. A. Azim Khair, learned Deputy Attorney General, appearing for the peti­tioners submits that reasons for delay hav­ing being explained satisfactorily the Administrative Appellate Tribunal erred in law in rejecting the said application for condonation of delay; that the Administrative Appellate Tribunal erred in law in not allowing the said application for condonation of delay without applying its judicial discretion in public interest.

5. It appears from the record that Section 6(2) of the Administrative Tribunal Act provides that appeal may be preferred within three months from the date of making of the order or decision given by the Administrative Tribunal and as per Section 6(2A) of the said Act delay may be condoned if sufficient causes are shown for not preferring the appeal within the period of the said 3 months, provided it is filed within period of not more than 6 months from the date of the delivery of the judgment. It also appears that admittedly, the judgment was delivered on 27.05.2004 and the application for obtaining certified copy of the judgment and order was filed on 01.12.2004. The date of filing folios was fixed on 02.12.2004 and the folios were filed on the same day. The certified copy of the judgment was ready for delivery on 05.12.2004. It was received by the appellant on 06.12.2004.

6. It appears from the record that even after exclusion of the time consumed by the Tribunal in delivering certified copy, the appeal has not been filed within 6(six) months from the date of the delivery of the judgment and as such, the appeal is hopelessly barred by limitation. Accordingly, the application for condonation of delay is liable to be rejected and it is rejected.

In view of the above, we find no sub­stances in the submissions of the learned advocate for the petitioner.
Accordingly, the petition is dismissed.
Ed.