Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh

Case No: Civil Petition for Leave to Appeal No. 1041 of 2005

Judge: Md.Ruhul Amin,

Court: Appellate Division ,,

Advocate: Chowdhury Md. Zahangir,,

Citation: V ADC (2008) 964

Case Year: 2008

Appellant: Md. Hossain Zakir

Respondent: Government of the People's Republic of Bangladesh

Subject: Administrative Law,

Delivery Date: 2007-8-13

Md. Hossain Zakir

Vs.

Government of the People's Republic of Bangladesh,

V ADC (2008) 964

 
Supreme Court
Appellate Division
(Civil)
 
Present:
Md. Ruhul Amin CJ
Mohammad Fazlul Karim J
M.M. Ruhul Amin J
 
Md. Hossain Zakir..........................Petitioner

Vs.

Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Foreign Affairs, Dhaka & others……………………Respondents
 
Judgment
August 13, 2007.

It appears that the Administrative Tribunal simply admitted the appeal for hearing and while admitting the appeal condoned the delay of 23 days in preferring the appeal subject to any valid objection that may be raised at the time of hearing of the appeal……..(4)
 
Lawyers Involved:
Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.

Civil Petition for Leave to Appeal No. 1041 of 2005.
(From the judgment and order dated 25.07.2005 passed by the Administrative Appellate


 
Judgment:
             M.M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 25.07.2005 passed by the Administrative Appellate Tribunal in A.A.T Case No. 236 of 2004 admitting the appeal and issuing the usual notice.

2. While admitting the appeal the Appellate Tribunal also provisionally condoned the delay in filing the appeal before it subject to any valid objection that may be raised at the time of hearing of the appeal. The appeal was filed against the judgment and order passed by the Administrative Tribunal No.1, Dhaka in Case No.278 of 2002 allowing the case and thereby declaring the sus­pension order dated 07.09.1999 and charge sheet and statement of allegation dated 12.06.2000 against the petitioner as illegal, void and not binding upon the petitioner and also directing to reinstate the petitioner immediately with all arrear salary and, other admissible benefits under rules.

3.  We have heard Mr. Chowdhury Md. Zahangir, the learned Advocate-on-Record for the petitioner and perused the judgment of the Administrative Appellate Tribunal and other connected papers.

4. It appears that the Administrative Tribunal simply admitted the appeal for hearing and while admitting the appeal condoned the delay of 23 days in prefer­ring the appeal subject to any valid objection that may be raised at the time of hearing of the appeal.

5. The learned Advocate could not show as to how the petitioner is aggrieved by the impugned order.

6. Accordingly, we do not find any sub­stances in the leave petition.

7. The petition is dismissed.
Ed.