Competent authority—the proceeding was instituted, the appointment of the Inquiry Officer was made, the charge sheet was framed, the inquiry was concluded and the second show cause notice was served all by and at the instance of the General Manager (Administration), while the order of dismissal was passed by the Board. The Assistant General Manager (Administration) only communicated and served notices etc.—the proceeding in question was held and the order of dismissal was passed by the competent authority. [Para-7] Janata Bank Vs. Md. Mofazzal Hossain & Ors. 6 BLT (AD)-241 ....View Full Judgment

Principles of Natural Justice
At any rate, there was no obligation upon the review authority to accept the second enquiry report which was redundant—That apart, the second enquiry report has not vested respondent No. 1 with any legal right and such a report was not binding on the review authority either. [Para-15] Janata Bank & Ors. Vs. Khandker Faruq Mahmood & Ors. 7 BLT (AD)-293 ....View Full Judgment

Requirement—to record reasons
When the review authority does not differ from the findings in the enquiry report or reports. it does not need give any independent reasonings of its own. It is only when the concerned authority differs, it has to give some reasonings which may not be elaborate. [Para- 16] Janata Bank & Ors. Vs. Khandker Faruq Mahmood & Ors. 7BLT(AD)-293 ....View Full Judgment