Section 6(1)
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The appellant retired from military service and was appointed as a Director
of the BOGMC on a contract basis. He was absorbed/appointed ‘in the
public interest” as a regular incumbent of the corporation, and the
earlier contract of service was cancelled vide notifications dated 4
August, 1990.
Held: The notifications for absorbing or regularizing the contract service
on a permanent basis were done illegally and without lawful authority. The
expression “in the public interest” was blatantly used for a private
cause.
Lt. Col (Retd) Nazimuddin Ahmed Vs Bangladesh & Ors. 3BLT (AD)-176.
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Lt. Col (Retd) Nazimuddin Ahmed Vs Bangladesh & Ors. |
3 BLT (AD) 176 |
Regulations—Rule 15
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Service Regulations—Rule 15
Rule 15 of Service Regulations of the Corporation (BOGMC) empowers it to
send its employees outside the Corporation on deputation basis. BOGMC
subsequently formed a subsidiary company named Bangladesh Petroleum
Exploration Company Limited and got it registered under the Companies Act,
1913. By resolution of the Board of Directors of the Corporation held on 1.
6.1991 respondent No. I was permanently transferred to the said subsidiary
company. The High Court Division rightly held that respondent No. I
acquired a right under section 24(2)(d) of the Ordinance to remain an
officer of the Corporation and his permanent transfer to the subsidiary
company without his consent was illegal.
Chairman, Petro Bangla and others Vs. A.K.M. Fazlul Karim and another, 15
BLD (AD) 114.
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Chairman, Petro Bangla and others Vs. A.K.M. Fazlul Karim and another |
15 BLD (AD) 114 |
Regulation No. 42(8)
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Service Regulation No. 42(8)
It provides that if the final decision is not taken by the authority in a
disciplinary proceeding against its employees, the person proceeded against
shall stand exonerated from all the allegations on the expiration of 180
days from the date of notice of the proceeding.
A lawfully drawn proceeding and valid orders of suspension, though cease to
have effect on the expiration of 180 days for not taking the final decision
in the matter, cannot be declared invalid. Appointment of an Enquiry
Committee after the proceeding lost its force and the respondent stood
exonerated from all the allegations against him is illegal and void.
Bangladesh Oil, Gas and Mineral Corporation (PETROBANGLA) and another Vs.
Baziul Karim, 16 BLD (AD) 25.
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Bangladesh Oil, Gas and Mineral Corporation (PETROBANGLA) and another Vs. Baziul Karim |
16 BLD (AD) 25 |