A full time teacher in a non-government school can take any other employment only with the previous permission of the appointing authority— However, the appellant as school and college governing authority is entitled to claim the amount of Tk.2,53,182.50 from the plaintiff-respondent No.1.— The plaintiff was given ample scope to make correction of his fault and to opt for any one job. Moreover, the plaintiff gave reply to the show cause notice on 22.06.1997 (Exhibit-5). In the premises made above, it is crystal clear that the plaintiff was given sufficient opportunity to clarify his position. Appellate Division finds that the plaintiff has not been prejudiced in any way for want of personal hearing. Had the plaintiff been given the opportunity of personal hearing he would not have made out a reasonable case in support of his defence since prior to dismissal from service the school authority cautioned the plaintiff and gave option to him to choose any one job. But the plaintiff did not pay heed to the choice and remained stagnant in his illegal decision. —The judgment and decree dated 15.12.2014 passed by the High Court Division in Civil Revision No.1694 of 2011 is hereby set aside. However, the appellant is entitled to claim the amount of Tk.2,53,182.50 from the plaintiff-respondent No.1 since he has already served as a teacher in the said School at the relevant period. .....Banani Biddya Niketon School =VS= Abul Karim Miah, (Civil), 2024(1) [16 LM (AD) 655] ....View Full Judgment

Bangladesh Public Service Commission (Consultation) Regulation, 1979
Regulation 6
Constitution of Bangladesh, 1972, Article—140(2)
The advice of the Public service Commission is not binding upon the authority but the authority is required to consider it and pass any appropriate order. [Per Latifur Rahman, C.J. delivering the majority judgment.
From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fare or foul, wanted to get rid of this man and for that end in view they put on indirect pressure upon the inquiry officer and after giving the respondent a bad name and suppressing the real findings got the order of dismissal approved by the President which is indicative of an act which cannot be construed a bonafide act. Though the respondent has not taken any ground on the malafide of the concerned authority but from the perusal of the available materials it appears to me that the activities of the appellant cannot be construed as bonafide. [Per Mahmudul Amin Chowdhury, J (dissenting) J
Government of Bangladesh Vs A A M Satekaman and another, 2O BLD (AD) 269.
Ref: Bangladesh Vs. Md. Matiur Rahman, 2 BLD (AD) 109—Cited.

The Police Officers (Special Provisions) Ordinance, 1976
Section 3 r/w
Bangladesh Public Service Commission (Consultation) Regulation, 1979
Regulation 6
On consideration of section 3 of the Ordinance vis-a-vis regulation 6 of the Regulations, it is obvious that consultation with Public Service Commission is mandatory before passing the order of dismissal in respect of each of the respondent as section 3 of the Ordinance has not ousted the operation of other laws, rules and regulations. .....Bangladesh =VS= Md. Bellal Hossain Mollik, (Civil), 2016-[1 LM (AD) 86] ....View Full Judgment

Opinion of Public Service Commission is not binding on the authority. The consultation with the Public Service Commission is mandatory before passing the orders of dismissal of both the respondents though the opinion of Public Service Commission is not binding on the authority. .....Bangladesh =VS= Md. Bellal Hossain Mollik, (Civil), 2016-[1 LM (AD) 86] ....View Full Judgment

Police Officers (Special Provisions) Ordinance, 1976
Section 3 read with
Bangladesh Public Service Commission (Consultation) Regulation, 1979
Regulation 6:
On consideration of section 3 of the Ordinance vis-a-vis regulation 6 of the Regulations, it is obvious that consultation with Public Service Commission is mandatory before passing the order of dismissal in respect of each of the respondent as section 3 of the Ordinance has not ousted the operation of other laws, rules and regulations. …Bangladesh & anr Vs Md. Bellal Hossain Mollik & anr, (Civil), 6 SCOB [2016] AD 65

Opinion of Public Service Commission is not binding on the authority. The consultation with the Public Service Commission is mandatory before passing the orders of dismissal of both the respondents though the opinion of Public Service Commission is not binding on the authority. …Bangladesh & anr Vs Md. Bellal Hossain Mollik & anr, (Civil), 6 SCOB [2016] AD 65 ....View Full Judgment

Bangladesh Public Service Commission (Consultation) Regulation, 1979
Regulation 6
Constitution of Bangladesh, 1972, Article—140(2)
The advice of the Public service Commission is not binding upon the authority but the authority is required to consider it and pass any appropriate order. [Per Latifur Rahman, C.J. delivering the majority judgment.
From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fare or foul, wanted to get rid of this man and for that end in view they put on indirect pressure upon the inquiry officer and after giving the respondent a bad name and suppressing the real findings got the order of dismissal approved by the President which is indicative of an act which cannot be construed a bonafide act. Though the respondent has not taken any ground on the malafide of the concerned authority but from the perusal of the available materials it appears to me that the activities of the appellant cannot be construed as bonafide. [Per Mahmudul Amin Chowdhury, J (dissenting) J
Government of Bangladesh Vs A A M Satekaman and another, 20 BLD (AD) 269
Ref: Bangladesh Vs. Md. Matiur Rahman, 2 BLD (AD) 109—Cited.

The Police Officers (Special Provisions) Ordinance, 1976
Section 3 r/w
Bangladesh Public Service Commission (Consultation) Regulation, 1979
Regulation 6
On consideration of section 3 of the Ordinance vis-a-vis regulation 6 of the Regulations, it is obvious that consultation with Public Service Commission is mandatory before passing the order of dismissal in respect of each of the respondent as section 3 of the Ordinance has not ousted the operation of other laws, rules and regulations. .....Bangladesh =VS= Md. Bellal Hossain Mollik, [1 LM (AD) 86] ....View Full Judgment

Consultation with the Public Service Commission-In passing the order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not upgraded till taming of the Recruitment.
Abdul Khaleque (Md) vs Ministry of Law, Justice and Parliamentary Affairs, and others 52 DLR (AD) 147.