Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Bangladesh Shangbad Sangstha Chakuri Bidhimala, 1995
Section/Order/Article/Rule/Regulation Head Note
Rule 53

Determining the retirement age of the employees of the B.S.S.–
The Appellate Division observed that the High Court Division also noted that in the said judgment, the retirement age of 60 years introduced by B.S.S. Service Rules would apply equally to all employees of B.S.S. Therefore, the High Court Division declared SRO 40-Ain/213 dated 05.02.2013 issued by writ-respondent No.1 so far as it relates to disparity in retirement age among the different posts/employees to have been issued without lawful authority and to be of no legal effect. Accordingly, this civil petition is dismissed. .....Ministry of Information & others =VS= B.S.S Employee’s Union & another, (Civil), 2016-[1 LM (AD) 258] ....View Full Judgment

Rule 54(2)

Whether in a case where the employer has passed an order of termination simpliciter without stigma and that order has been challenged in the Court on the ground of mala fide and arbitrariness can the employer be allowed to take a plea that in fact, the employees concerned were found guilty in a departmental proceeding but the authority as an act of grace without inflicting punishment of dismissal awarded order of termination simpliciter?
The Appellate Division held that Regulation 54(2) of the Bangladesh Sangbad Sangstha Employees Service Regulations,1995 does not provide for any guide-line for exercise of power of termination under this Regulation and as such, it is prone to and permits the authority its abuse and arbitrary and discriminatory exercise under this Regulation which renders Regulation 54(2) being violative of fundamental right guaranteed by Article 27 of the Constitution.
Mr. Abdul Baque and another. -Vs.- Government of Bangladesh, represented by the Secretary, Ministry of Information and others. (Civil) 8 ALR (AD) 292-299 ....View Full Judgment