Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Agricultural Research Institute Employees Service Regulation, 1990
Section/Order/Article/Rule/Regulation Head Note
Rule 7

বাংলাদেশ কৃষি গবেষণা ইনস্টিটিউট (করমচারী) চাকুরী প্রবিধানমালা, ১৯৯০
Rule 7 read with
বাংলাদেশ কৃষি গবেষণা ইনস্টিটিউট (করমকরতা ও করমচারী) চাকুরী প্রবিধানমালা, ২০১১
Promotion–
The writ-petitioner and writ-respondent No.4 joined the BARI long before the 2011 Service Rules, their service will be regulated by the Service Rules of 1990. According to rule 7 of the Rules, 1990, the appointing authority is the Board and any decision regarding promotion is also to be decided by the Board. The Board of Management in its 51st meeting on 27.01.2014 noted that the writ-petitioner is senior to writ-respondent No.4. Noting also that it was necessary that the candidate for promotion should have five years’ experience as Assistant Director, the proposal was put forward recommending promotion of the writ-petitioner. After discussion the Board unanimously decided to approve the promotion of the writ-petitioner. We find no reason to doubt the competence and legality of the decision taken by the Board of Management. The appeal is allowed, without however, any order as to costs. The writ-respondents, other than writ-respondent No.4, are directed to pay all the benefits to the appellant as Senior Assistant Director from the date of his promotion to that post. ...Mahbubur Rahman Basunia(Md.)=VS=Government of Bangladesh, (Civil), 2019 (2) [7 LM (AD) 76] ....View Full Judgment

Regulation 43(8)

Computation as period of limitation
On reading the provision of Regulation 43(8) of the regulations we are of the opinion that day on which show cause / charge sheet was communicated to a delinquent employee of an organization. herein the appellant, the said date is to be excluded since the same is in consonant with the rules of computation of period either for the purpose of limitation of legal proceeding or enquiry before the Tribunal or for the departmental enquiry. The language of the Regulation 43(8) shows that the day on which show cause - charge sheet was submitted the same is to be excluded.
Md. Ashequr Rahman Vs. Bangladesh & Ors. 14 BLT(AD)01 ....View Full Judgment