Search Options
Judgment Advanced Search
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......tire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necessary……..(29) Lawyers Involve..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... Employees (Service) Regulations, 1990, Regulation 55(2) The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismi..Category: Employment/Service Law | Date: | Hits: 75
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
.... of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the lease is not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of act......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......not to keep him in service apparently because he had lost their confidence which is so essential in a financial institution. There was a less harsh sentence than dismissal', that is, compulsory retirement which is also a major penalty under the Regulations and the Tribunal should have taken ..Category: Employment/Service Law | Date: | Hits: 78
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......w and Parliamentary Affairs, Government of Bangladesh on 24.12.1997. Thereafter the writ petitioner was appointed as temporary Nikah Registrar for 3 months with effect from April 7, 1977 after the retirement of the previous Nikah Registrar and the temporary appointment was extended till his appo..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......1995 he was retired from service. The respondent filed Administrative Tribunal Case No.84 of 1996 before the Administrative Tribunal; Dhaka with a prayer for setting aside the order of retirement dated 1.6.1995. The Administrative Tribunal after hearing the parties allowed the ..Category: Administrative Law | Date: | Hits: 124
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......of property may only be recommended in case the Board is satisfied that the charge of corruption or collaboration has been proved. (ii) Dismissal from service with, or with out any financial retirement benefits, and (iii) Discharge or compulsory retirement with or without financial/ret..Category: Employment/Service Law | Date: | Hits: 70
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......t is not unknown in the service rules that once a government servant resigned from his service, he could be re-employed in his service wherefrom he resigned and his past service counted on ultimate retirement. 8. Mr. Pal, however, expressed his inability to refer to any corresponding Rule in ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......sh and another…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this proviso,..Category: Employment/Service Law | Date: | Hits: 72
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......e Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the appointing authority for the posts respondents were holding at the time of the order of compulsory retirement. 2. In both the matters the Administrative Tribunal set aside the order of compu..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......a fresh inquiry on a fresh charge sheet for ascertaining the employee's specific guilt. It was further ordered that the employee be treated to be under suspension from the period of his compulsory retirement till final disposal of fresh inquiry proceeding. 4. The employee's contention is..Category: Administrative Law | Date: | Hits: 100
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......n Case No. 148 of 1985 which declared the notification to be void and without jurisdiction, inter alia, on the ground that the CMLA was not competent under the Rules to pass the order of compulsory retirement. The Appellate Tribunal, however, held that the legal dispensation under which the CMLA..Category: Administrative Law | Date: | Hits: 122
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....nths after the expiry of the above period on his satisfaction of "sufficient cause." 21. The point to note is that if only the Rules, 1985 are taken into consideration, both appeal and review are optional to the Government servant. He "may appeal" or he "may apply to the President for review." T......rtain authorities. But Rule 16 provides that no appeal "shall lie" against any order made by the President. In both the Appeals, the order of dismissal from service in one and the order of compulsory retirement from service in the other, were passed by orders made under the authority of the Presiden..Category: Administrative Law | Date: | Hits: 129
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ...... order of dismissal from service when the authority had decided not to keep him in service apparently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Involved: Asrarul Hossain, Senior ..Category: Administrative Law | Date: | Hits: 143
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......n No. 2270 of 1990.) Judgment ATM Afzal J.- Respondent No. 1 was a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay al..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......port of this contention the learned Additional Attorney‑General has placed reliance on Major Hafizur Rahman Vs. Bangladesh 29 DLR 34. 12. This is not a case of dismissal or removal. The order of retirement was passed under Rule 14(5) of the Navy Rules, 1961. That Rule, reads as follows: "..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... the Republic could not be governed by any contract made under the Public Servants Retirement Act but it was of nece3sity governed by Article 96 of the Constitution. 3. The petitioner, after retirement from the Supreme Court on 1 June 1992, was appointed as Chairman of the Settlement Cour..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ractice was given by the President's Order No. 21 of 1962 to retired Judges of the High Court, who had been Advocates prior to their elevation to the Bench. The respondent, Advocate Manzoor Qadir, on retirement from the High Court resumed practice in the High Court and continued for about two years ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... cause notice was held by the majority decision to be capable of being used arbitrarily in the absence of any guide‑line of exercising it; further, it was held that the impugned order of retirement was illegal and void. In that case, it should be noted, protection of Article 135 of th..Category: Administrative Law | Date: | Hits: 149