Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Rifles Order, 1972 (P.O. 148 of 1972)
Section/Order/Article/Rule/Regulation Head Note
Article 11 and 16

Delegation of power- Appeal—
The Director General is empowered by Article 16 to delegate his powers under article 11(1) of the Order. Deputy Director when appointed Sector Commander may in exercise of such delegated power dismiss subordinate officers (J.C.Os). In such case the Director General is competent to dispose of appeal against the order of dismissal passed by Sector Commander. Bangladesh and others Vs. Naib Subedar. Md. Obaidullah Khan- 1, MLR (1996) (AD) 147. ....View Full Judgment

Article 18

read with
Bangladesh Rifles (Amendment) Act, 1974 (15 of 1974)
Article- 15
And
Bangladesh Rifles Rules, 1971 Rule-6 (X)
The respondent, a Naibsubader of the Bangladesh Rifles was dismissed from service, following a show cause of disciplinary reason and the order of dismissal was communicated by the sector commander. His appeal was dismissed by the Director General of Bangladesh Rifles but in Writ Petition the High Court Division made the rule absolute on the ground that the order of dismissed passed by the sector commander and the dismissal of the appeal by the Director General were both acts without jurisdiction not being authorized by the Bangladesh Rifles Order, 1972 — Held : It Is not disputed that the sector commander who passed the order of dismissal In the present was a Deputy Director. That being so, It is clear that the order of dismissal In the present case was passed by a proper and competent person under the law — our attention has been drawn to the Bangladesh Rifles Rules, 1971 which is in force by reason of Article 18 of the order, Rule 6 (X) of the said Rules provides that when an accused is awarded any punishment by an officer of and above the rank of Lt. -Col. appeal lies to the Director General. Therefore, there was no incompetence in the Director General to deal with and dismiss the appeal on the present case. [Paras - 5 & 6) Bangladesh & Ors. Vs. Md. Obaiduilah Khan 4 BLT (AD)- 128. ....View Full Judgment

Article 18

read with
Bangladesh Rifles (Amendment) Act, 1974 (15 of 1974) Article- 15
And Bangladesh Rifles Rules, 1971 Rule-6 (X)
The respondent, a Naibsubader of the Bangladesh Rifles was dismissed from service, following a show cause of disciplinary reason and the order of dismissal was communicated by the sector commander. His appeal was dismissed by the Director General of Bangladesh Rifles but in Writ Petition the High Court Division made the rule absolute on the ground that the order of dismissed passed by the sector commander and the dismissal of the appeal by the Director General were both acts without jurisdiction not being authorized by the Bangladesh Rifles Order, 1972 Held : It is not disputed that the sector commander who passed the order of dismissal in the present was a Deputy Director. That being so, it is clear that the order of dismissal in the present case was passed by a proper and competent person under the law our attention has been drawn to the Bangladesh Rifles Rules, 1971 which is in force by reason of Article 18 of the order, Rule 6 (X) of the said Rules provides that when an accused is awarded any punishment by an officer of and above the rank of Lt.-Col. appeal lies to the Director General. Therefore, there was no incompetence in the Director General to deal with and dismiss the appeal on the present case. Bangladesh & Ors. Vs. Md. Obaidullah Khan 4BLD (AD)-128. ....View Full Judgment