Jahangir Kabir vs Bangladesh 48 DLR AD 1996 Bangladesh Legal Research Platform

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It was argued that the principle of estoppel is not applicable in this case since the appellant had to accept financial benefits from the government under compelling circumstances. When the issue was referred to the Administrative Appellate Tribunal, it found that the order to be illegal and void. Having been aggrieved, the appellant preferred leave to appeal to the Appellate Division. The appellant reportedly went into service falsely claiming to have passed the BA exam.

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Without examining any witnesses, a Joint Secretary of the Ministry of Home Affairs conducted an investigation and presented a report stating that the charges against the appellant were substantiated. The Public Service Commission approved the proposed punishment without reviewing relevant documents. Following that, an order of compulsory retirement was issued.

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The court made a reference to the case of Bangladesh Parjatan Corporation vs. Mofizur Rahman 46 DLR (AD) 46. There, the respondent submitted a prayer for retirement from service, which was granted, relieving him from service with full financial benefits. However, the order was challenged a year later, and it was held that the respondent had acquiesced in the order of retirement and was therefore barred from opposing it. The learned deputy attorney general submitted that because the appellant took the retirement benefits, he relinquished his right, and thus his case is hit by section 115 of the Evidence Act.

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