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



Palli Biddyut Samity Service Code, 1992
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Rule 38(1) (Ka) (Ga), 39(1)(Kha)(3), 40(3)

পল্লী বিদ্যুতায়ন বোর্ড আইন, ২০১৩ (Act No.57 of 2013)
Sections 24, 26
পল্লী বিদ্যুৎ সমিতি কর্মচারী চাকুরী বিধি, ১৯৯২ (সংশোধিত, ২০১২)
Rule 38(1) (Ka) (Ga), 39(1)(Kha)(3), 40(3)
বাংলাদেশ পল্লী বিদ্যুতায়ন বোর্ড কর্মচারী চাকরী প্রবিধানমালা ২০১৮
Departmental proceeding against the appellant was done in accordance with the provision of পল্লী বিদ্যুৎ সমিতি কর্মচারী চাকুরী বিধি, ১৯৯২ though his appointing authority is the Rural Electrification Board, which has own service Rules. Proceeding initiated and conducted by one service Rules under a separate authority and ultimate decision taken by another authority is unheard of and not permissible in law and equity–– The appellant was appointed by the Bangladesh Rural Electrification Board and thereafter his service was transferred to the Palli Bidyut Samity and subsequently his various promossions and transfer to the different Palli Bidyut Samity was/were done by the Board and as such we have no hesitation to hold that the petitioner’s terms of service shall be governed by the relevant Service Rules of the Bangladesh Rural Electrification Board, not by the Service Rules of Palli Bidyut Samity. In the instant case the departmental proceeding against the appellant was done in accordance with the provision of পল্লী বিদ্যুৎ সমিতি (চাকুরী বিধিমালা), ১৯৯২ though his appointing authority is the Rural Electrification Board, which has own service Rules. Proceeding initiated and conducted by one service Rules under a separate authority and ultimate decision taken by another authority is unheard of and not permissible in law and equity. There is no scope to say that an officer appointed by the Board, who is subsequently transferred to the Samity is a regular officer of the Samity. Accordingly, the appeal is allowed without any order as to cost. .....Md. Mobarak Hossain =VS= Ministry of Power, Bangladesh, (Civil), 2024(1) [16 LM (AD) 9] ....View Full Judgment

Md. Mobarak Hossain =VS= Ministry of Power, Bangladesh 16 LM (AD) 9
Article 40

The findings of the impugned judgments that According to Article 40 of the Pally Biddut Samity Service Code, the departmental proceedings has to be completed within 90+30 days is not correct as no consequence has been attached thereto and as such, the findings of the impugned judgments as regards Article 40 of the Pally Biddut Samity Service Code shall be deemed to have been expunged. Nilphamari Palli Biddut Samity vs. Md. Jamal Uddin (Syed Mahmud Hossain J) (Civil) 14 ADC 451.

Nilphamari Palli Biddut Samity vs. Md. Jamal Uddin 14 ADC 451
Rule 54, 55(1) (k)

From the records it appears that the letter sent by respondent No. 1 was a request for him to be released from service and was not accompanied by any deposit of three months' pay as required by rule 54. Since the authority concerned advised the writ petitioner to take release by depositing the requisite pay and upon obtaining necessary clearance, clearly the resignation letter did not by itself, reach finality. The High Court Division posed the question as to how the Samity could accept the writ petitioner's letter requesting his release as a resignation letter since the preconditions, such as depositing money and taking clearance had not been fulfilled. Palli Biddut Samity Vs. Md. Abu Sayed Bhuyan (Muhammad Imman Ali, J) (Civil) 14 ADC 918

Palli Biddut Samity Vs. Md. Abu Sayed Bhuyan 14 ADC 918