Civil Service Rules, Part-I
Rule 34 r/w
Administrative Tribunal Act [VII of 1981]
Section 4(2) —A government servant would cease to be in government employment if he remained continuous ab-sent for five years from duty.
The Appellate Division observed that Rule 34 of the Civil Service Rules, Part-I which provides “unless Government in view of special circumstances of the case, shall otherwise determine, after five years' continuous absence from duty, elsewhere than on foreign service in Bangladesh, whether with or without leave, a Government servant cease to be in Government employ”. This provision shows that other than on foreign service or in case of a per-son who has been condoned from attending his duties by the Government under special circumstances, a government servant would cease to be in government employment if he remained continuous absent for five years from duty.
Government of Bangladesh represented by the Secretary, Ministry of Food, Bangladesh Sachibalaya, Dhaka and others -Vs.- A.B.M. Siddique Mia (Civil) 8 ALR (AD) 200-203