Election Commission Secretariat Act, 2009
Sections 3 and 5
The Constitution of Bangladesh, 1972
Articles 118(4), 120
Election Commission (Officers and Staff) Rules, 1979
Rules 2 and 11
The employer is legally authorized to assess the competency of an employee during the probation period due to unsatisfactory performance–– The employees of the Election Commission Secretariat are appointed by the government and the terms and conditions of government employees are equally applicable in respect of the employees of the Election Commission. We find that both Sections 3 and 5 of নির্বাচন কমিশন সচিবালয় আইন, ২০০৯ talk about the independence of Election Commission Secretariat while Rules 2 and 11 of নির্বাচন কমিশন (কর্মকর্তা ও কর্মচারী) নিয়োগ বিধিমালা, ২০০৮ categorically states about the appointment of the employees and their terms and conditions in service. Virtually, Sections 3 and 5 of the নির্বাচন কমিশন সচিবালয় আইন, ২০০৯ do not put any embargo on the applicability of the contemporary government service laws to the employees of the Election Commission Secretariat. Therefore, we are constrained to hold that the Cabinet Secretary on behalf of the Government has locus standi to file the present Appeals against the judgment and order of the Administrative Appellate Tribunal since it involves the issue of termination of service of the employee of Election Commission Secretariat. Moreover, it is seen from the record that the Cabinet Secretary was a party to the Administrative Tribunal cases. ––The judgment and order dated 12.04.2010 passed by the Administrative Appellate Tribunal, Dhaka in Appeals No.134, 139, 143 and 144 of 2009 are hereby set aside. .....Bangladesh Secretariat =VS= Md. Abdul Alim, (Civil), 2022(2) [13 LM (AD) 627] ....View Full Judgment

Administrative Tribunal Act, 1980
Section 4(2)
Constitution of Bangladesh, 1972
Articles 117(2), 118(4), 126
Election Commission Secretariat Act, 2009
Section 3
Termination of their service— By the judgment and order dated 23.03.2009, the Administrative Tribunal No.1, Dhaka dismissed A.T. Case No.22 of 2008 and A. T. Case No.166 of 2007. Being aggrieved thereby, the appellants/ petitioners preferred A.A.T. Case Nos.134 of 2009, 139 of 2009, 143 of 2009 and 144 of 2009 before the Administrative Appellate Tribunal, Dhaka and, by judgment and order dated 12.04.2010, the appeals were allowed on contest. Being aggrieved thereby, the respondent no.1, as petitioner, preferred Civil Petition for Leave to Appeal No.1302 of 2010, 1303 of 2010, 1304 of 2010 and 1305 of 2010 before this Division and, upon hearing, all the appeals were allowed by judgment and order dated 01.09.2022, which led to the filing of Civil Review Petition no.143 of 2023, Civil Review Petition nos.126-127 of 2023 and Civil Review Petition nos. 235 and 144, both of 2023.
The Appellate Division, being the apex Court of the country, comprising of the then Chief Justice and his four companion Judges, are expected to be well conversant with the laws of the country relating to the functioning of the Ministries in general and the Election Commission in particular. Nevertheless, they chose to allow the appeals preferred by the Cabinet Secretary, who had absolutely no authority to do so. This Division finds all the appeals inclusive of all the Civil Review Petitions are allowed by unanimous decision. The impugned judgment and order dated 01.09.2022, passed by this Division in Civil Appeal Nos.21-24 of 2011, are hereby set aside. The concerned respondents are directed to reinstate the appellants/ petitioners in service forthwith. .....Afroza Khanam =VS= Bangladesh, (Civil), 2025(2) [19 LM (AD) 250] ....View Full Judgment