Bangladesh Krishi Bank Order 1973 (P.O.27 of 1973)
Articles 7, 8, 9, 34
Bangladesh Krishi Bank Rules 1983
Rule 4
Administrative Tribunals Act, 1980
Section 4(2)
Compulsory retirement— It appears that the Managing Director was the appointing authority of Deputy General Managers of the Bank and undisputedly the petitioner was a Deputy General Manager of the Bank at the time of his compulsory retirement. Since the Managing Director was the appointing and promoting authority of the respondent No.1, a Deputy General Manager, definitely the Managing Director was also the competent authority to issue the order of his compulsory retirement. Even for argument’s sake if it is conceded that the Board of Directors of the Bank was the competent authority to issue the order of compulsory retirement of the respondent No.1 and not the Managing Director, then also the respondent No.1, in our view, could not make out a case against impugned order as the same was issued under the signature of the Deputy General Manager of the Bank under Order of the competent authority. Moreover, under rules of 1983 and by delegation of power the Managing Director was the competent authority being the appointing authority of the Respondent No.1 to issue the impugned order of his compulsory retirement.
Appellate Division is of opinion that the Administrative Appellate Tribunal committed error of law in holding that the Managing Director of the Bank was not the competent authority to issue the impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. .....Bangladesh Krishi Bank =VS= A.F.M. Farid Uddin, (Civil), 2025(1) [18 LM (AD) 641] ....View Full Judgment