Act/Law wise: Judgment of Supreme Court of Bangladesh

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Public Servants (Dismissal on Conviction) Ordinance, 1985
Section/Order/Article/Rule/Regulation Head Note
Section 3(3)

The writ-petitioner-respondent shall be deemed to have been stand dismissed from the post of the principal of the Madrasah in question on the date of his conviction by the Magistrate, First Class, Bandarban in GR Case No. 37 of 2003. The writ-petitioner shall be re-instated in the post of the principal of the Madrasah in question forthwith, if the order of conviction and sentence passed against him by the Magistrate, First Class, Bandarban is set aside in the appeal filed by him. .....Abdul Hamid (Md) =VS= Moulana Obaidul Hakim, (Civil), 2018 (2) [5 LM (AD) 111] ....View Full Judgment

Section 3 (3)

read with
and BADC Disciplinary Case Procedures, 1977 Clause-11 (4) (6) The respondent was dismissed from service under the provisions of the BADC Disciplinary Case Procedures, 1977 — the Ordinance No. V of 1985 is prospective and not retrospective in operation. Therefore the provision of the said section 3(3) is of no avail to the respondent on the facts of the case — the dismissal of an incumbent takes effect from the date of order and not from the date of verdict of conviction and dismissal order is to remain valid unless the order itself is declared void by a court. BADC & Ors Vs. Abdur Razzaque 5 BLT (AD)-268 ....View Full Judgment

Section 3

The petitioner, having been acquitted of the charge made against him, is entitled to be reinstated to his original post held at the time of suspension /dismissal under section 3 of the Public Servants (Dismissal on Conviction) Ordinance, 1985. The inordinate delay in considering his appeal was good enough reason for the petitioner to be aggrieved and to file the writ petition. If an order in passed without jurisdiction then that is coram-non-judice and the aggrieved person may come for relief under the writ jurisdiction although there is an alternative forum available for redress as has been rightly found by the High Court Division. Chairman and another vs Sakhawat Hossain 9 BLC (AD) 227. ....View Full Judgment