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Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......ixed for hearing and the reasons for rejection of the Miscellaneous Case were mere surmises and conjectures. 11. The learned Advocate-on-Record further submits that the grounds taken in Memorandum of Appeal before the Appellate Tribunal and in the Tribunal below were not different but..Category: Administrative Law | Date: | Hits: 90
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......ition for Leave to Appeal at the instance of the petitioner is directed against the order dated 14.05.2007 of the Administrative Appellate Tribunal, Dhaka in Appeal No. 33 of 2007 in rejecting the Memorandum of Appeal as barred by limitation. 2. The short facts of the case is that the res..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....e of law. This- is a mere guide-line Further we find that the Bangladesh Public Service Commission (Consultation) Regulation. 1979 was made by the President in exercise of power conferred under Article 140 (2) of the Constitution on 27 October, 1979 which reads as follows: 6.......g the punishment and, as such, it was wrong to hold that there was no consultation with the Public Service Commission according to law. 12. Khondkar Mahbubuddin Ahmed to Item No. 9 of Memorandum No, Estb/R l/R 73/72-79(500) dated 21st June, 1972 which reads as follows: ..Category: Administrative Law | Date: | Hits: 94
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....f Chairman was created but since no job / duty had been assigned to him, the Managing Director remained the Chief Executive and the Chairman is nothing but an ornament and also the submission that Article 9(2) of P.O. No. 27 read with Rule 4 of the Bangladesh Krishi Bank Rules, 1973 authorizes t...... of disciplinary proceeding, the Managing Director was competent to pass the impugned order. Further the Managing Director having appointed the respondent as Deputy General Manager on promotion by Memorandum dated 17th March, 1981, there cannot be any question of his competence to pass the final..Category: Administrative Law | Date: | Hits: 90
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
.... aforesaid Administrative Tribunal Case on the ground that he stands on the same footing with the case of Mr. Kobad Ali and also alleged that the appellant was denied the equal treatment violating Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of li......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....uddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....any major Penalty". 4. Furthermore, as an order for compulsory retirement by way of penalty amounts to removal from service, the respondents are also entitled to protection under Article 135 of our Constitution. The Indian Supreme Court held similar view in a number of decision...... 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 ..Category: Administrative Law | Date: | Hits: 114
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....nistrative Tribunal. 28. Both the Act and the Rules, in so far as Government servants are concerned, have their origin and sanctity in the Constitution itself. The Act was enacted in pursuance of Article 117 of the Constitution and the Rules, 1985 owe its origin to Article, 133 of the Constituti......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... No. 51 of 1992) Judgment December 9, 1993. Result: Civil Appeal No. 50 of 1992 is allowed in part. Civil Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Trib......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. ..Category: Administrative Law | Date: | Hits: 143
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... had made the impugned order of termination was not properly constituted and the other is that the Appellate Tribunal misconstrued Regulation 12(ii), which, according to him, is itself violative of Article 27 of the Constitution of Bangladesh and also it is inconsistent with the provisions of th......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. ..Category: Administrative Law | Date: | Hits: 149
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 2004 The Constitution of Bangladesh, 1972, Article 135(2) The appellant being in service of the Republic, in case of her removal, she i...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....dent falls within the ambit of the Administrative Tribunal Act, as alleged by the learned Deputy Attorney-General. 4 .The Administrative Tribunals Act, 1980 was made by the Parliament under Article 117 of the Constitution to provide for establishment of Administrative Tribunals to exercis......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....others…..Respondents (In Civil Appeal No. 4 of 1991) Judgment November 28, 1991. Result: The appeals are dismissed. The Constitution of the Peoples’ Republic of Bangladesh, 1972, Articles 102, 117 & 117(1) The Administrative Tribunal Act, 1980 (Act VII of 1981), Sections ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....... Respondents Judgment January 31, 2001. The Constitution of Bangladesh, 1972, Article 102 When the Tribunal case was disposed of on merit without preferring......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....d. Nasim Uddin.................Respondents Judgment August 24, 2000. The Constitution of Bangladesh, 1972, Article 135 The Jail Code, Rule 205 &......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
..... Bangladesh, 33 DLR (AD) 201, it was held that in the absence of a minimum guideline or principle as to how the Government's power to retire a person should be exercised, section 9(2) is ultra vires Articles 27, 29 and 135 of the Constitution. By an amendment, Ordinance No.VI of 1981 promulgated on......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very import......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....he maintenance of ratio of 2:1 between promotees and direct recruits. The ratio has a statutory force under the Establishment Manual and Circular Nos. 1-6 of August 29, 1968 which was protected by Article 7 of President’s Order No. 127 of 1972. Upon seeing an advertisement No. 108 dated 30...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
.... to find that the issue is indeed a simple one which has been missed by the appellant and the respondents alike and consequently by both the Tribunals below. 9. We shall quote to begin with Article 136 of the Constitution which is as follows: “136. Provision may be made......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....of the impugned Memo in the interest of justice pending disposal of the case. The learned Advocate further submitted that the Administrative Tribunal by virtue of its authority, contemplated under Article 117 of the Constitution for deciding service matters and in view of the provision of sectio......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
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