Election Commission Secretariat Act, 2009
Sections 3 and 5
The Constitution of Bangladesh, 1972
Articles 118(4), 120
Election Commission (Officers and Staff) Rules, 1979
Rules 2 and 11
The employer is legally authorized to assess the competency of an employee during the probation period due to unsatisfactory performance–– The employees of the Election Commission Secretariat are appointed by the government and the terms and conditions of government employees are equally applicable in respect of the employees of the Election Commission. We find that both Sections 3 and 5 of নির্বাচন কমিশন সচিবালয় আইন, ২০০৯ talk about the independence of Election Commission Secretariat while Rules 2 and 11 of নির্বাচন কমিশন (কর্মকর্তা ও কর্মচারী) নিয়োগ বিধিমালা, ২০০৮ categorically states about the appointment of the employees and their terms and conditions in service. Virtually, Sections 3 and 5 of the নির্বাচন কমিশন সচিবালয় আইন, ২০০৯ do not put any embargo on the applicability of the contemporary government service laws to the employees of the Election Commission Secretariat. Therefore, we are constrained to hold that the Cabinet Secretary on behalf of the Government has locus standi to file the present Appeals against the judgment and order of the Administrative Appellate Tribunal since it involves the issue of termination of service of the employee of Election Commission Secretariat. Moreover, it is seen from the record that the Cabinet Secretary was a party to the Administrative Tribunal cases. ––The judgment and order dated 12.04.2010 passed by the Administrative Appellate Tribunal, Dhaka in Appeals No.134, 139, 143 and 144 of 2009 are hereby set aside. .....Bangladesh Secretariat =VS= Md. Abdul Alim, (Civil), 2022(2) [13 LM (AD) 627] ....View Full Judgment