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Regulation 55(2)
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Termination of service— Authority's power is not uncontrolled—
Relationship between the employer and employee of the BADC being the
statutory authority is not that of a master and servant. The High Court
Division refrained from going to declare regulation 55(2) ultravires of the
Constitution as the relief sought for could be allowed without striking
down the law which the Appellate Division appreciated. Though the authority
can terminate the service of undesirable and inefficient employee, the
procedure to be followed must be in accordance with law and should not be
arbitrary. Bangladesh Agricultural Development Corporation, represented by
the Chairman and another Vs. Md. Shamsul Haque Mazumder and others 14 MLR
(2009) (AD) 197.
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Bangladesh Agricultural Development Corporation, represented by the Chairman and another Vs. Md. Shamsul Haque Mazumder and others |
14 MLR (AD) 197 |
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Appointment of an employee create–
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BADC Service Regulations, 1990 read with
The Constitution of Bangladesh
Article 133
Appointment of an employee create a vested right in him which cannot be
changed–
Chairman, Bangladesh Agricultural Develop-ment Corporation (BADC), Dhaka
vs. Chowdhury Md. Mahfuzul Islam and others (2003) 23 BLD (AD) 147.
Paragraph-24 of the case referred: There is no right of promotion but it is
also true that an employee has a right to be considered for promotion which
is a condition of his service. Article 133 of the Constitution gives the
authority power to regulate the appointment and service conditions of
persons in the Service of the Republic. But it does not give power to
prohibit promotion beyond the provision of law. The term "regulate" is not
complementary to the term "prohibition". Therefore, none of the provisions
of BADC Service Regulations, 1990 is to be read to impose prohibition on
the promotion of the writ- petitioner-respondent to the post of the
Superintending Engineer as a right has already accrued to him under BADC
Service Regulations, 1968.
The service rules in existence at the time of appointment of an employee
create a vested right in him which cannot be altered/changed subsequently
to his disadvantage. …Bakhrabad Gaz System Ltd. =VS= Md. Shamsul Alam,
(Civil), 2019 (2) [7 LM (AD) 153]
....View Full Judgment
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Bakhrabad Gaz System Ltd. =VS= Md. Shamsul Alam |
7 LM (AD) 153 |
