Reduce rank as not completed length of service– The writ-petitioner-respondent was demoted to a lower rank because he had not completed the length of service, which is a condition precedent to get promotion. For this reason, it cannot be said that he was victimized and awarded punishment. The respondent No.1 by office order dated 09.05.2013 rightly reduced him to a lower rank. Actually, respondent was posted to the rank, where he originally belonged to. Reducing the writ-petitioner-respondent to his original post is in no way can be termed as punishment, thus no show cause notice was required to be served upon him.
This demotion of the writ-petitioner-respondent by the writ-respondent No.1 by office order dated 09.05.2013 was not a punishment, so the provisions of Rules 44 and 45 of the কর্মচারী চাকুরী প্রবিধানমালা, ১৯৮৯ are not to be followed. In this instant case, the respondent was demoted in accordance with law because before promotion he did not complete the length of service required to get promotion to a higher post. The High Court Division failed to consider this aspect of the case and, as such, the judgment and order dated 02.07.2017 passed by the High Court Division in Writ Petition No.5001 of 2013 is liable to be interfered. The petition is disposed of. The judgment and order of the High Court Division is hereby set aside. ...Bangladesh Inland Water Transport Corporation =VS= Shaheenoor Bhuiyan, (Civil), 2021(1) [10 LM (AD) 309] ....View Full Judgment