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Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......anything is required to be done or not to be done by any person under this Order or the rules or bylaws, a notice shall be served on the person concerned specifying the time within which the retirement shall be complied with. (2) No notice shall be invalid for defect of forms. ..Category: Others | Date: | Hits: 92
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry c..Category: Employment/Service Law | Date: | Hits: 89
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... the then Pakistan Eastern Railway in the year 1961 in the post of Ticket Collector. Thereafter he was promoted to the post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirming the retirement of the petitioners before the High Court Division a..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ...... mental balance and the doctor upon examining him gave a report that he was suffering from mental disease and was unfit to perform his official duties. On 1-4-89, he submitted a prayer for invalid retirement whereupon a Medical Board was constituted which upon examination found him unfit to cont..Category: Administrative Law | Date: | Hits: 148
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ed in the Bangladesh Gazette on 23-5-96 retiring him from the post of Chief of Army Staff, (2) Memo, dated 20-5-96, published in the Bangladesh Gazette on 30-5-96 giving him premature (compulsory) retirement from the said post, (3) Memo, dated 13-6-96, published in the Bangladesh Gazette on 20-6..Category: Employment/Service Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......nbsp; June 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service ..Category: Administrative Law | Date: | Hits: 125
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......extent and effective in operation. It comprehends a wide variety of matters. Among others, it includes disciplinary jurisdiction, suspension from service, transfer, promotion, premature or compulsory retirement, etc. But control apart, the terms and conditions of service of the members of the subord..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......id provision of the Act. In that decision it was observed as follows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a Government servant was challenged as arbitrary, ..Category: Business or Commercial Law | Date: | Hits: 116
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......lenge to his order of dismissal proved abortive in the Administrative Tribunal whereupon he took an appeal and the Appellate Tribunal substituted the order of dismissal with an order of compulsory retirement with all benefits as per rules. The petitioner’s prayer for leave to appeal from t..Category: Administrative Law | Date: | Hits: 112
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......espondent No. 5 on 30-12-95 also directed the petitioner to hand over charge of the office of the Headmaster of the School to the Assistant Headmaster (writ-petition and further directed him to go on retirement. But the petitioner did not also comply with the order of respondent No. 5. As such, resp..Category: Constitutional Law | Date: | Hits: 163
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......y qualification it certainly means the senior most in age or else the use of the word is meaningless. Dr. Kamal Hossain, on the other hand, submits that a highly advanced age of 82 years is an age of retirement and reflection and it may not be the appropriate age for holding an office of responsibil..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary author..Category: Administrative Law | Date: | Hits: 145
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......g and Technology (BUET) in the year 1966 and he joined in the service of Bangladesh Agricultural Development Corporation (BADC) in 1968, that on attainment of 57 years he went on leave preparatory to retirement on October 7, 1996, that disciplinary proceeding was started against him for the dis..Category: Employment/Service Law | Date: | Hits: 109
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......984, Additional Commissioner of Taxes 7.3.1990 and Commissioner of Taxes with effect form 7.5.1995, the dates from which appellant's junior Mostafa Tareq Hossain was promoted in these posts after the retirement of said Anawaruddin Ahmed from the post of Deputy Commissioner of Taxes. The appellant be..Category: Administrative Law | Date: | Hits: 162