Departmental proceeding
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পল্লী বিদ্যুতায়ন বোর্ড আইন,
২০১৩ (Act No.57 of 2013)
Sections 24, 26
পল্লী বিদ্যুৎ সমিতি
কর্মচারী চাকুরী বিধি, ১৯৯২
(সংশোধিত, ২০১২)
Rule 38(1) (Ka) (Ga), 39(1)(Kha)(3), 40(3)
বাংলাদেশ পল্লী বিদ্যুতায়ন
বোর্ড কর্মচারী চাকরী
প্রবিধানমালা ২০১৮
Departmental proceeding against the appellant was done in accordance with
the provision of পল্লী বিদ্যুৎ সমিতি
কর্মচারী চাকুরী বিধি, ১৯৯২
though his appointing authority is the Rural Electrification Board, which
has own service Rules. Proceeding initiated and conducted by one service
Rules under a separate authority and ultimate decision taken by another
authority is unheard of and not permissible in law and equity–– The
appellant was appointed by the Bangladesh Rural Electrification Board and
thereafter his service was transferred to the Palli Bidyut Samity and
subsequently his various promossions and transfer to the different Palli
Bidyut Samity was/were done by the Board and as such we have no hesitation
to hold that the petitioner’s terms of service shall be governed by the
relevant Service Rules of the Bangladesh Rural Electrification Board, not
by the Service Rules of Palli Bidyut Samity. In the instant case the
departmental proceeding against the appellant was done in accordance with
the provision of পল্লী বিদ্যুৎ সমিতি
(চাকুরী বিধিমালা), ১৯৯২ though his
appointing authority is the Rural Electrification Board, which has own
service Rules. Proceeding initiated and conducted by one service Rules
under a separate authority and ultimate decision taken by another authority
is unheard of and not permissible in law and equity. There is no scope to
say that an officer appointed by the Board, who is subsequently transferred
to the Samity is a regular officer of the Samity. Accordingly, the appeal
is allowed without any order as to cost. .....Md. Mobarak Hossain =VS=
Ministry of Power, Bangladesh, (Civil), 2024(1) [16 LM (AD) 9]
....View Full Judgment
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Md. Mobarak Hossain =VS= Ministry of Power, Bangladesh |
16 LM (AD) 9 |