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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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As such, the principle of estoppel was not applicable in her case. Thus, it didn’t attract the principle of estoppel because the appellant didn’t go for voluntary retirement and waive his right by likewise conduct.

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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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