Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Public Service Commission (Consultation) Regulation, 1979
Section/Order/Article/Rule/Regulation Head Note
Regulation 6

read with
Constitution of Bangladesh, 1972, Article—140(2)
The advice of the Public service Commission is not binding upon the authority but the authority is required to consider it and pass any appropriate order. [Per Latifur Rahman, C.J. delivering the majority judgment.
From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fare or foul, wanted to get rid of this man and for that end in view they put on indirect pressure upon the inquiry officer and after giving the respondent a bad name and suppressing the real findings got the order of dismissal approved by the President which is indicative of an act which cannot be construed a bonafide act. Though the respondent has not taken any ground on the malafide of the concerned authority but from the perusal of the available materials it appears to me that the activities of the appellant cannot be construed as bonafide. [Per Mahmudul Amin Chowdhury, J (dissenting) J
Government of Bangladesh Vs A A M Satekaman and another, 2O BLD (AD) 269.
Ref: Bangladesh Vs. Md. Matiur Rahman, 2 BLD (AD) 109—Cited. ....View Full Judgment

Regulation 6

read with
Constitution of Bangladesh, 1972, Article—140(2)
The advice of the Public service Commission is not binding upon the authority but the authority is required to consider it and pass any appropriate order. [Per Latifur Rahman, C.J. delivering the majority judgment.
From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fare or foul, wanted to get rid of this man and for that end in view they put on indirect pressure upon the inquiry officer and after giving the respondent a bad name and suppressing the real findings got the order of dismissal approved by the President which is indicative of an act which cannot be construed a bonafide act. Though the respondent has not taken any ground on the malafide of the concerned authority but from the perusal of the available materials it appears to me that the activities of the appellant cannot be construed as bonafide. [Per Mahmudul Amin Chowdhury, J (dissenting) J
Government of Bangladesh Vs A A M Satekaman and another, 2OBLD (AD) 269
Ref: Bangladesh Vs. Md. Matiur Rahman, 2 BLD (AD) 109—Cited. ....View Full Judgment

Regulation 9

Consultation with the Public Service Commission-In passing the order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not upgraded till taming of the Recruitment.
Abdul Khaleque (Md) vs Ministry of Law, Justice and Parliamentary Affairs, and others 52 DLR (AD) 147. ....View Full Judgment