Act/Law wise: Judgment of Supreme Court of Bangladesh

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Supreme Court of Bangladesh (High Court Division) Employees (Discipline and Appeal) Rules, 1983
Section/Order/Article/Rule/Regulation Head Note
Rule 2(1)

Authority—the power existed to the Deputy Register-in-charge for the routine works, but not for the particular purpose of framing the charge against an employee because rule 2(1) gives the Registrar such power as persona designata which means a person considered as an individual in a legal action. Supreme Court of Bangladesh Vs. Md. Shafiuddin 10BLT (AD)-50 ....View Full Judgment

Rules 2(1) and 3(6)

Per Md Ruhul Amin J (dissenting):
It is the Registrar who is the competent authority in respect of the respondent for taking disciplinary action and that the Registrar on consideration of the materials on record having made the decision for awarding punishment to the respondent and having passed the order of removal the same cannot be said to have been passed in violation of the Rules. Registrar, Supreme Court of Bangladesh vs Md Shafiuddin and another 6 BLC (AD) 141. ....View Full Judgment

Rule 2(2)

Per Mohammad Gholam Rabbani J : The charge was not admitted by the respondent rather he denied it as baseless. It cannot also be said that there was nexus between the charge brought against him and his so-called admission in his reply to the charge which was not the direct admission of the charge. Even if it is conceded that the statements made by the respondent amounted to admission of misconduct, he could not be removed from service for the alleged admission without holding a formal enquiry in accordance with rules. Admittedly, instead of the Registrar, the Chief Justice himself proposed for major punishment to both the accused and accordingly, second show cause notice was issued but the Chief Justice was not given to consider the replies and the Registrar imposed major punishment on the respondent and in fact acquitted the other and such action must be held to be malafide, biased and illegal. Registrar, Supreme Court of Bangladesh vs Md Shafiuddin and another 6 BLC (AD) 141. ....View Full Judgment

Per Md. Ruhul Amin: It appears that the AAT was of the view that in proceeding against the respondent there was violation of the Rules since the 2’ Show cause notice was issued on the direction of the Chief Justice and in taking final decision for awarding punishment the same was not placed before the Chief Justice, but was considered by the Register (appellant) and finally he awarded the punishment. The fact being that it is the Registrar who is the competent authority in respect of the Respondent for taking disciplinary action and that the Registrar on consideration of the materials on record having made the decision for awarding punishment to the Respondent and having passed the order of removal the same in my view cannot be said to have been passed in violation of the Rules. Supreme Court of Bangladesh Vs. Md. Shafiuddin 10BLT (AD)-50 ....View Full Judgment