Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Bangladesh Biman Corporation Employees (Pension and Gratuity) Rules, 1988
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Rule 5(Ka)

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

Md. Mominul Islam Vs. Bangladesh & ors 17 SCOB [2023] HCD 108
Rule 5

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

Bangladesh Biman Airlines Limited and others -Vs.- Captain Mir Mazharul Huq and others 12 ALR (AD) 122