Para 2(X) –
While the function of the civil administrative executive services is to assist the political executive in formulation of policy and in execution of the policy decisions of the Government of the day, the function of the judicial service is neither of them. It is an independent hand of the Republic which sits on judgment over parliamentary, executive and quasi-judicial actions, decisions and orders. To equal and to put on the same plane the judicial service with the civil administrative executive services is to treat two unequals as equals.
Secretary, Ministry of Finance Dhaka vs Md Masdar Hossain and others 52 DLR (AD) 82.
Para 2(X) –
In broad concept the service of the Republic means all services of Bangladesh. It is a generic term and person who is getting emolument because of his service in the Republic is a public officer. In that sense, the member of the judicial service and the magistrate exercising judicial functions are no doubt public officers in the generic term. But within the scheme of the Constitution of the People's Republic of Bangladesh the nature of judicial service has been contemplated as distinct and separate from other works performed by other officers of other cadre services. The judicial service is, of course, included in the definition of service of the Republic but they have been separately treated within the scheme of the Constitution as reflected in Articles 115, 116, l 16A and 152(1) of the Constitution.
Secretary, Ministry of Finance, Dhaka vs Md Masdar Hossain and others 52 DLR (AD) 82.