Article 11 and 16
|
Delegation of power- Appeal—
The Director General is empowered by Article 16 to delegate his powers
under article 11(1) of the Order. Deputy Director when appointed Sector
Commander may in exercise of such delegated power dismiss subordinate
officers (J.C.Os). In such case the Director General is competent to
dispose of appeal against the order of dismissal passed by Sector
Commander.
Bangladesh and others Vs. Naib Subedar. Md. Obaidullah Khan- 1, MLR (1996)
(AD) 147.
|
Bangladesh and others Vs. Naib Subedar. Md. Obaidullah Khan |
1 MLR (AD) 147 |
Article 18
|
read with
Bangladesh Rifles (Amendment) Act, 1974 (15 of 1974)
Article- 15
And
Bangladesh Rifles Rules, 1971 Rule-6 (X)
The respondent, a Naibsubader of the Bangladesh Rifles was dismissed from
service, following a show cause of disciplinary reason and the order of
dismissal was communicated by the sector commander. His appeal was
dismissed by the Director General of Bangladesh Rifles but in Writ Petition
the High Court Division made the rule absolute on the ground that the order
of dismissed passed by the sector commander and the dismissal of the appeal
by the Director General were both acts without jurisdiction not being
authorized by the Bangladesh Rifles Order, 1972 — Held : It Is not
disputed that the sector commander who passed the order of dismissal In the
present was a Deputy Director. That being so, It is clear that the order of
dismissal In the present case was passed by a proper and competent person
under the law — our attention has been drawn to the Bangladesh Rifles
Rules, 1971 which is in force by reason of Article 18 of the order, Rule 6
(X) of the said Rules provides that when an accused is awarded any
punishment by an officer of and above the rank of Lt. -Col. appeal lies to
the Director General. Therefore, there was no incompetence in the Director
General to deal with and dismiss the appeal on the present case. [Paras - 5
& 6)
Bangladesh & Ors. Vs. Md. Obaiduilah Khan 4 BLT (AD)- 128.
|
Bangladesh & Ors. Vs. Md. Obaiduilah Khan |
4 BLT (AD) 128 |
Article 18
|
read with
Bangladesh Rifles (Amendment) Act, 1974 (15 of 1974) Article- 15
And Bangladesh Rifles Rules, 1971 Rule-6 (X)
The respondent, a Naibsubader of the Bangladesh Rifles was dismissed from
service, following a show cause of disciplinary reason and the order of
dismissal was communicated by the sector commander. His appeal was
dismissed by the Director General of Bangladesh Rifles but in Writ Petition
the High Court Division made the rule absolute on the ground that the order
of dismissed passed by the sector commander and the dismissal of the appeal
by the Director General were both acts without jurisdiction not being
authorized by the Bangladesh Rifles Order, 1972 Held : It is not disputed
that the sector commander who passed the order of dismissal in the present
was a Deputy Director. That being so, it is clear that the order of
dismissal in the present case was passed by a proper and competent person
under the law our attention has been drawn to the Bangladesh Rifles Rules,
1971 which is in force by reason of Article 18 of the order, Rule 6 (X) of
the said Rules provides that when an accused is awarded any punishment by
an officer of and above the rank of Lt.-Col. appeal lies to the Director
General. Therefore, there was no incompetence in the Director General to
deal with and dismiss the appeal on the present case.
Bangladesh & Ors. Vs. Md. Obaidullah Khan 4BLD (AD)-128.
|
Bangladesh & Ors. Vs. Md. Obaidullah Khan |
4 BLD (AD) 128 |