বাংলাদেশ পর্যটন কর্পোরেশন-এর কর্মচারী চাকুরী প্রবিধানমালা, ১৯৯০
Bidhi 50(2) r/w 44, 55(2)
Employment of Labour (Standing Orders) Act, 1965
Section 2(v)
Service Rules, 1980
Rule 41(2)(i)(iv)
Terminating service as Electrical Foreman of the Corporation— Colourable exercise of power under the provision of bidhi 50(2) of the Probidhanmala, 1990— Appellate Division holds that the impugned letter of termination passed against the petitioner of this case though appears to be a termination simipliciter, but in fact, it is not; the petitioner was dismissed from his service in the garb of termination by resorting to bidhi 50(2) of the Probidhanmala, 1990. In the facts and circumstances of the instant case, the principles of law enunciated by this Division in the case of Bangladesh Parjatan Corporation-vs-Shahid Hossain Bhuiyan (supra) have got no manner of application. This Division also does not find any substance in the second submission on which leave has been granted. When the High Court Division found that the petitioner was terminated from the service of the Corporation for a co-lateral purpose under the colourable exercise of power under the provision of bidhi 50(2) of the Probidhanmala, 1990, it rightly gave the direction upon the writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. .....Bangladesh Parjatan Corporation =VS= Md. Ali Hossain, (Civil), 2024(2) [17 LM (AD) 613] ....View Full Judgment

Enquiry Procedure
An officer or employee of the Parjatan Corporation like other statutory corporations is not entitled to a second show cause notice since the Rules do not specifically so provide. The respondent was given a second show cause notice ex-gratia. The Corporation could have passed the order of punishment after the enquiry was over without serving any second show cause notice. Since the principle of natural justice was duly followed in the case in conducting the enquiry, no grievance could be made on this court. But since the enquiry was not conducted in accordance with the Rules the ultimate order of the High Court Division is upheld.
Bangladesh Parjatan Corporation, Dhaka Vs. A.K.M. Abul Kalam, 15 BLD (AD) 127.