Government Servants (Special Provisions), Ordinance, 1979
Sections 3(B), 5(2)
বিজ্ঞান ও শিল্প গবেষণা পরিষদের কর্মচারী চাকুরী প্রবিধানমালা, ১৯৮৯
Sections 1
The plaintiff-respondents claimed that before dismissal from their respective service, they were not served any show cause notices, though the defendant-appellants claimed that they served show cause notices and the notices were also duly published in the daily newspapers but the plaintiff-respondents refused any kind of service of notices. It appears from the record that the first show cause notice under section 3(B) of the Government Servants (Special Provisions), Ordinance, 1979 dated 28.11.2002 was served giving 5[five] days’ time and the second show cause notice under section 5(2) of the Government Servants (Special Provisions), Ordinance, 1979 dated 21.01.2003 was served giving 3[three] days’ time. As the plaintiff-respondents are the permanent employees of BCSIR, the procedure of serving notice shall be applied in accordance with the provisions of the Regulations and otherwise, the procedures are left to be followed illegally. Apart from this, Dw-1, in cross-examination, admitted that he had no knowledge whether the notices were served upon the plaintiff-respondents or not. It is revealed that the inquiry was held without having any knowledge of the plaintiff-respondents and the dismissal from service without affording opportunity of defence is illegal and arbitrary being violative of the principle of natural justice. It is also revealed that all the procedures of servicing notices, inquiry and dismissal had taken place under the Government Servants (Special Provisions), Ordinance, 1979 but it is obvious that the plaintiff-respondents are the employees of Bangladesh Council for Scientific and Industrial Research. It is Appellate Division’s considered view that the defendant-appellants adopted wrong forum to dismiss the plaintiff-respondents from their services. On consideration of the facts and circumstances of the case discussed above, this Division is of the view that the High Court Division is justified in allowing the appeals. .....Bangladesh Council of Scientific and Industrial Research =VS= Begum Parvin, (Civil), 2023(2) [15 LM (AD) 78] ....View Full Judgment