Rule 5(Ka)
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In absence of delegated authority and without any decision of the board of
directors the Managing Director and CEO of the Biman has no power to retire
anyone from service:
In the case in hand, the Managing Director and CEO of the Biman issued the
impugned order retiring the petitioner from service without any decision of
the board of directors. No power was delegated to him to take the decision.
Therefore, he was not competent authority to retire the petitioner. For
this reason coupled with the attending facts and circumstances of the case,
the unauthorised exercise of power by the Managing Director and CEO of the
Biman is also without jurisdiction, arbitrary and malafide. Accordingly, we
find merit in the Rule. ...Md. Mominul Islam Vs. Bangladesh & ors, (Civil),
17 SCOB [2023] HCD 108
....View Full Judgment
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Md. Mominul Islam Vs. Bangladesh & ors |
17 SCOB [2023] HCD 108 |
Rule 5
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Bangladesh Biman Corporation Employees (Service) Regulation, 1979
Regulation 11A(2) —Compulsory retirement
The authority before making the order of compulsory retirement was
satisfied that for the interest of Corporation he was given compulsory
retirement and that there was nothing on record to show that the order of
compulsory retirement was made arbitrarily or malafide. Under the unamended
provision, there was scope for arbitrary exercise of discretion from among
persons similarly situated and holding similar job, but under the present
provision there is no scope to exercise arbitrary power.
Bangladesh Biman Airlines Limited and others -Vs.- Captain Mir Mazharul Huq
and others (Civil) 12 ALR (AD) 122-126
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Bangladesh Biman Airlines Limited and others -Vs.- Captain Mir Mazharul Huq and others |
12 ALR (AD) 122 |