Rule 18(2)
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The Air Force Act, 1953
Section 177
The Air Force Act Rules, 1957
Rule 18(2)
The pensionery benefits in respect of the respondent who has been dismissed
from service cannot be claimed as a matter of right–– It is difficult
to hold that the sentence of writ petitioner-respondent has been converted
from dismissal of service into one of compulsory retirement. In such a
situation, the pensionery benefits in respect of the respondent who has
been dismissed from service cannot be claimed as a matter of right. The
writ petitioner respondent has not acquired any vested right, in view of
the orders quoted above, which may be enforced by issuing mandamus by the
High Court Division. The High Court Division committed an error of law in
holding that since the writ petitioner-respondent's sentence had been
converted from dismissal into one of compulsory retirement, he is entitled
to get retirement benefit inasmuch Appellate Division does not find any
material on record to hold that the punishment awarded to writ petitioner
had been reduced from dismissal into one of compulsory retirement.
.....Government of Bangladesh =VS= Nurul Islam, (Civil), 2023(1) [14 LM
(AD) 505]
....View Full Judgment
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Government of Bangladesh =VS= Nurul Islam |
14 LM (AD) 505 |