Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Service Rules
Section/Order/Article/Rule/Regulation Head Note
Rule 5(57)

"Traveling allowance"-It varies upon the circumstances of each journey undertaken by an employee.
Government of People's Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower, Bangladesh Secretariat Dhaka vs Hasan Movies Ltd and others 48 DLR (AD) 40. ....View Full Judgment

Rule 9

Service record counted when the date of birth entered in the service or SSC–
Rule 9 of Bangladesh Service Rules (Part-I), where it has been stated as under:
"বিধি-৯। সরকারী চাকরিতে প্রবেশের সময় বা প্রবেশের উদ্দেশে একজন আবেদনকারী যে বয়স ঘোষনা করেন, উহাই তাহার ক্ষেত্রে আবশিকভাবে প্রযোজ্য হইবে এবং পরবরতীকালে কোন উদ্দেশেই তাহা সংশোধনের অনুমতি দেওয়া যাইবে না।"
The case of Randir Singh Vs. The Sate of Rajastan and others reported in 1992(2) ESC 435 (Raj) where it has been observed that the respondents were duty bound to scrutinize the documents right at the time of admission rather than punishing at a belated stage.
(1995) 4 SCC 172 the Indian Supreme Court held that when the date of birth entered in the service and leave record on the basis of voluntary declaration made by the employee at the time of appointment authenticated by him and never objected to up to the fag end of service such action of any party will act as acquiescence and when a party expresses acquiescence and thereby waived a right to dispute he will be estopped from making any such dispute at the end of the service.
Reported in 15 MLR (AD) 65, this Division held that when by an act, conduct or consent, express or implied a person allows another person to proceed in doing some act or transaction with bona fide belief, such conduct or consent of the person so allowing constitutes waiver and acquiescence and the said person is stopped from claiming any right subsequent thereto against the person acting under such assurance.
We are of the view that since the order impugned before the High Court Division had been issued after retirement of the writ-petitioner-respondent he cannot be treated in the service of the Republic. Thus issuance of the order impugned before the High Court Division upon the writ-petitioner-respondent, when he was not actually in the service can be challenged under Article 102 of the Constitution. We do not find any substance in this appeal. Accordingly, this civil appeal is dismissed without any order as to costs. …Ministry of Social Welfare, Bangladesh =VS= Akterun Nabi(Md.), (Civil), 2019 (2) [7 LM (AD) 63] ....View Full Judgment

Rule 9

Under rule 9 of the BSR Part I date of birth declared and recorded at the time of entry into service cannot be changed subsequently.
Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan being dead his heirs Bali Begum and others 4, MLR (1999) (AD) 167. ....View Full Judgment

Rule 24(1)

lf Class III and Class IV employees have been exempted from operation of rule 24(1) then it is an improvement in their general condition of service. If any authority violates this improved condition of service then it is a clear violation of the general conditions of service of that employee.
Government of Bangladesh and Ors vs Mohammad Faruque 51 DLR (AD) 112. ....View Full Judgment

Rule 24(1)

Under Rule 24(1) of Bangladesh Service Rules Government Servant may be transferred from one post to another. This is a term and conditions of service of a Government servant If Class III and Class IV employees have been exempted from operation of Rule 24(1) then it is an improvement in their general condition of service. If any authority violates the said improved condition of service and transfers a Class III or Class IV employee from one station to another then it is a clean violation of the general conditions of service of that employee.
Government of Bangladesh and ors., Vs Mohammad Faruque, 18 BLD (AD) 277. ....View Full Judgment

Rule 34

A Government servant ceases to be in service in consequence of his continuous absence from duties for more than five years without leave—
In the instant case the respondent filed the application u/s 4(1) before taking any decision by the departmental higher authority and as such the application is held not maintainable. Moreover the respondent tendered his resignation and remained absent from duty for more than 25 years without leave and in consequence whereof he ceased to be in the government employment as provided under rule 34 of the BSR Part-I. The apex court held the impugned judgment of the Administrative Tribunal and Administrative Appellate Tribunal illegal and set-aside the same. Government of Bangladesh, represented by the Secretary, Ministry of Food and others Vs. A.B.M Siddique Mia 15 MLR (2010) (AD) 460. ....View Full Judgment

Rule 34

Writ-petitioner allowed to join her post–
We are of the opinion that the decision of the concerned authority to treat the service of the writ-petitioner as ceased, without considering any special circumstances put forward by her, is in violation of rule 34 of the BSR. Hence, the writ-petitioner-respondent No.1 must be allowed to join her post. The writ-respondents are directed to accept the joining letter of the writ-petitioner. However, in view of her absence from service, we are of the opinion that the writ-petitioner will not be entitled to receive any arrear salary. ...Government of Bangladesh =VS= Dr. Monija Begum, (Civil), 2019 (1) [6 LM (AD) 35] ....View Full Judgment

Rule 52

Rule-52 read with Fundamental Rule-29
The punishment inflicted upon the appellant by the domestic tribunal is defective for not fixing any time limit for the reduction in rank. For this defect the penalty itself cannot be set aside, but only modified. This will not only be in conformity with Rule 52 of the Bangladesh Service Rules hut also with Fundamental Rule 29, although Fundamental Rule 29 has been framed in a different context. Having regard to the facts and circumstances of the case we think that the ends of justice will be met if we only state the period of reduction in rank of the appellant.
S. N. Chowdhury Vs. Govt. of Bangladesh & Ors. 9BLT (AD)-145. ....View Full Judgment

Rule 52

Also provides for the penalty of reduction to be for specified period—
As provided under rule 52 of the Bangladesh Service Rules Part I read with rule 4 (3)(a) of the Government Servants (Discipline and Appeal) Rules 1985 the authority while imposing the penalty of reduction in rank must specify the period during which such penalty shall exist. When the period is not specified in the order the penalty itself where the charges are established, can not be set aside but be modified. Anwar Hossain (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and others 12 MLR (2007) (AD) 12. ....View Full Judgment

Rule 72, Note 4

The period of absence of Government servant on reinstatement in service after wrongful retirement shall be treated as a period spent on duty and he will be entitled to pay allowances and as admissible under clause (a) of the Rule. Clause (a) of Rule 72 speaks that in case of honourable acquittal the incumbent is entitled to full pay to which he would have been entitled if he had not been dismissed or removed or suspended. The Administrate Appellate Tribunal rightly held that the respondent is entitled to the arrear pay and allowances.
Secretary, Ministry of Establishment Vs A .M Nurunnabi 21 BLD (AD) 41. ....View Full Judgment

Rules 248 and 258

Once the project comes to an end the services of the employees in the project also come to an end. The appellant having been appointed on work-charge basis in a project and the post not having made a regular one so as to entitle him to receive pension benefit could not claim relying on the equality basis being a persons similarly situated under certain mistake decision arrived at or misconstruction of certain circular having no force of law.
Abdur Rahman (Md) vs Government of Bangladesh represented by the Secretary, Ministry of LGRD and Co­operatives and another 10 BLC (AD) 179. ....View Full Judgment