Regulation 2(10)
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বাংলাদেশ কৃষি গবেষণা
ইনস্টিটিউট (বারি) আইন, ২০১৭
Sections 7, 9(3), 12
বাংলাদেশ কৃষি গবেষণা
ইনস্টিটিউট (কর্মকর্তা ও
কর্মচারী) চাকুরি
প্রবিধানমালা, ২০১১
Regulation 2(10)
Quorum non-judice–– Under Regulation 2(10) of বাংলাদেশ
কৃষি গবেষণা ইনস্টিটিউট
(কর্মকর্তা ও কর্মচারী)
চাকুরি প্রবিধানমালা, ২০১১
appointing authority means ‘Board’ or the persons empowered by the
‘Board’ to appoint any person to certain post. Section 7 of the Act,
2017 stipulates constitution of the ‘Board’ with total 11 members. But
the decision of the dismissal order of the petitioner was taken by 4(four)
members of the ‘Board’ though Section 9(3) of the Act, 2017 provides:
“(৩) বোর্ডের সভার কোরামের
জন্য উহার মোট সদস্য সংখ্যার
অন্যূন অর্ধেক সদস্যের
উপস্থিতির প্রয়োজন হইবে, তবে
মুলতবি সভার ক্ষেত্রে কোন
কোরামের প্রয়োজন হইবে না।”
Appellate Division is in agreement with the findings of the High Court
Division that the impugned order of dismissal cannot be treated as
‘Board’ decision due to quorum non-judice. ––The High Court
Division also found from record that the inquiry officer stated in his
report that he took some evidence of some officers of the institute but
nowhere in that report it was mentioned that the examination of those
persons was held in presence of the petitioner or the petitioner was given
any opportunity to cross-examine them.
The writ-petitioner had already retired from service, Appellate Division
finds rationality in the prayer of the learned Advocate for the respondent
no.1 regarding modification of the direction in the impugned judgment and
order. “The respondents are directed to pay the petitioner’s arrear
salary and allowances as the Deputy Director (Administration) in the
Bangladesh Agricultural Research Institute, Joydebpur, Gazipur in
accordance with the service Rule of the Bangladesh Agricultural Research
Institute (Officer and Employee) Service Regulations, 2011 within 3(three)
months from the date of receipt a copy of this judgment and order.”
.....Bangladesh Agricultural Research Institute =VS= Md. Mustafizur Rahman,
(Civil), 2023(1) [14 LM (AD) 584]
....View Full Judgment
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Bangladesh Agricultural Research Institute =VS= Md. Mustafizur Rahman |
14 LM (AD) 584 |
Rule 7
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বাংলাদেশ কৃষি গবেষণা
ইনস্টিটিউট (করমচারী) চাকুরী
প্রবিধানমালা, ১৯৯০
Rule 7 r/w
বাংলাদেশ কৃষি গবেষণা
ইনস্টিটিউট (করমকরতা ও
করমচারী) চাকুরী
প্রবিধানমালা, ২০১১
Promotion–
The writ-petitioner and writ-respondent No.4 joined the BARI long before
the 2011 Service Rules, their service will be regulated by the Service
Rules of 1990. According to rule 7 of the Rules, 1990, the appointing
authority is the Board and any decision regarding promotion is also to be
decided by the Board. The Board of Management in its 51st meeting on
27.01.2014 noted that the writ-petitioner is senior to writ-respondent
No.4. Noting also that it was necessary that the candidate for promotion
should have five years’ experience as Assistant Director, the proposal
was put forward recommending promotion of the writ-petitioner. After
discussion the Board unanimously decided to approve the promotion of the
writ-petitioner. We find no reason to doubt the competence and legality of
the decision taken by the Board of Management. The appeal is allowed,
without however, any order as to costs. The writ-respondents, other than
writ-respondent No.4, are directed to pay all the benefits to the appellant
as Senior Assistant Director from the date of his promotion to that post.
...Mahbubur Rahman Basunia(Md.)=VS=Government of Bangladesh, (Civil), 2019
(2) [7 LM (AD) 76]
....View Full Judgment
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Mahbubur Rahman Basunia(Md.)=VS=Government of Bangladesh |
7 LM (AD) 76 |
Regulation 43(8)
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Computation as period of limitation
On reading the provision of Regulation 43(8) of the regulations we are of
the opinion that day on which show cause / charge sheet was communicated to
a delinquent employee of an organization. herein the appellant, the said
date is to be excluded since the same is in consonant with the rules of
computation of period either for the purpose of limitation of legal
proceeding or enquiry before the Tribunal or for the departmental enquiry.
The language of the Regulation 43(8) shows that the day on which show cause
- charge sheet was submitted the same is to be excluded.
Md. Ashequr Rahman Vs. Bangladesh & Ors. 14 BLT(AD)01
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Md. Ashequr Rahman Vs. Bangladesh & Ors. |
4 BLT (AD) 1 |
Regulation 46(1)
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প্রবিধানমালা-২০১১:
It is true that Chapter Seven of the Service Regulations of 2011 is
captioned “সাধারণ আচরন ও শৃংখলা”. But
none the less, it appears from the language employed in Regulation 46(1)
that the appellate authority can hear any appeal preferred against any
order by an aggrieved employee and the appeal need not be confined to
matters arising out of disciplinary proceedings only.... the appellate
authority can entertain any appeal against any order of the authority,
whether it relates to disciplinary proceedings or not, under Regulation 46
of the Service Regulations of 2011. ...Md. Mahbubur Rahman Vs. Bangladesh &
Ors., 1 SCOB [2015] HCD 18
....View Full Judgment
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Md. Mahbubur Rahman Vs. Bangladesh & Ors. |
1 SCOB [2015] HCD 18 |