Sections 3(B), 5(2)
|
Government Servants (Special Provisions), Ordinance, 1979
Sections 3(B), 5(2)
বিজ্ঞান ও শিল্প গবেষণা
পরিষদের কর্মচারী চাকুরী
প্রবিধানমালা, ১৯৮৯
Sections 1
The plaintiff-respondents claimed that before dismissal from their
respective service, they were not served any show cause notices, though the
defendant-appellants claimed that they served show cause notices and the
notices were also duly published in the daily newspapers but the
plaintiff-respondents refused any kind of service of notices. It appears
from the record that the first show cause notice under section 3(B) of the
Government Servants (Special Provisions), Ordinance, 1979 dated 28.11.2002
was served giving 5[five] days’ time and the second show cause notice
under section 5(2) of the Government Servants (Special Provisions),
Ordinance, 1979 dated 21.01.2003 was served giving 3[three] days’ time.
As the plaintiff-respondents are the permanent employees of BCSIR, the
procedure of serving notice shall be applied in accordance with the
provisions of the Regulations and otherwise, the procedures are left to be
followed illegally. Apart from this, Dw-1, in cross-examination, admitted
that he had no knowledge whether the notices were served upon the
plaintiff-respondents or not. It is revealed that the inquiry was held
without having any knowledge of the plaintiff-respondents and the dismissal
from service without affording opportunity of defence is illegal and
arbitrary being violative of the principle of natural justice. It is also
revealed that all the procedures of servicing notices, inquiry and
dismissal had taken place under the Government Servants (Special
Provisions), Ordinance, 1979 but it is obvious that the
plaintiff-respondents are the employees of Bangladesh Council for
Scientific and Industrial Research. It is Appellate Division’s considered
view that the defendant-appellants adopted wrong forum to dismiss the
plaintiff-respondents from their services. On consideration of the facts
and circumstances of the case discussed above, this Division is of the view
that the High Court Division is justified in allowing the appeals.
.....Bangladesh Council of Scientific and Industrial Research =VS= Begum
Parvin, (Civil), 2023(2) [15 LM (AD) 78]
....View Full Judgment
|
Bangladesh Council of Scientific and Industrial Research =VS= Begum Parvin |
15 LM (AD) 78 |