Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, February 25, 2018 07:45:01 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Employees are governed by Service Rules, not Organogram

By
22nd-Jul-2017       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
 (Special Original Jurisdiction)
Quamrul Islam
Siddique J
Razik-al-Jalil J
Bellal Hossain Miah and anothers     .........Petitioner
vs
Government of Bangladesh and others .....Respondents
Judgment
May 5th, 2016
Constitution of Bangladesh, 1972
Article 102(2)
Dhaka Municipal Corporation Ordinance (XL of 1983)
Section 157
Organogram and Service Rules are different things. Organogram means an organizational chart, showing graphically the relation of one official to another or others of an establishment. It is also used to show the relation of one department to another or others, or of one function of an organization to another, or others. However, the service rule is a governing law to govern the service of the employees. If any appointment is made without following the service rules, that cannot be sustained on the ground that the provision is permitted by its organogram. Approbation and reprobation, the doctrine applies only to the conduct of parties. . ..... (32 & 33)
Mohammad Hedayet Hossin. Advocate-For the Petitioner.
AM Aminuddin with Sakib Rezwan Kabir, Advocates-For the Respondent No.6.
Judgment.
Razik-al-Jalil J : In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, all the instance of the petitioner a Division Bench of this Court issued a Rule Nisi on 19-4-2012, in the following terms:
"Let a Rule Nisi issued calling upon the respondents to show cause as to why the impugned Memo No.05.132.046.00.00.0 11. 2011-338 dated 29-3-2012 (Annexure E) issued under the signature of respondent No. 3 transferring the respondent No. 6 and 7 in contravention of the item No. 17 of the Schedule of the Dhaka Municipal Corporation Employees Service Rules, 1989 should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders as to this Court may seem fit and proper."
2. The facts leading to the issuance of the Rule, in short, are that the petitioner was appointed on 1-6-1988 as Accountant (Bill) in Dhaka City Corporation (now abolished), vide Memo No. 1551/cÖtwet(ms), dated 1-6-1988. The petitioner was promoted to the post of Accounts Officer (Officiating), Miscellaneous Branch, Accounts Division on 17-8-1996, vide Memo No .  286/cÖtwet (m-1) 30, dated 19·8·1996.
3. The Respondent No.1, being empowered pursuant to Section 157 of Dhaka Municipal Corporation Ordinance 1983, enacted Dhaka Municipal Employees Service Rules 1989. Therefore, the said Service Rules of 1989 was/is being applied as governing law with regard to the service of the petitioner. According to Item No. 17 of the Schedule of Dhaka Municipal Employees Service Rules-1989, the post of the Chief Accounts Officer will be filled in either by direct recruitment or by promotion.
4. Thereafter, the petitioner was given additional charge of Deputy Chief Accounts Officer pursuant to the decision dated 4-9-2008 and 8-10-2008. By Office Order dated 25-6-2009 the petitioner was promoted to the post of Deputy Chief Accounts Officer. Accordingly, the petitioner received the charge of Chief Accounts Officer of the said Corporation on 2-8-2009 from the earlier Chief Accounts Officer upon signing Memo. No. 278 wntwet, dated 2-8-2009. Accordingly, the petitioner wrote a letter, dated 2-8-2009 intimating the Chief Executive Officer, Dhaka City Corporation with regard to obtaining his charge and joining in the post of Chief Accounts Officer. Since then the petitioner has been discharging his duty as Chief Accounts Officer (in Charge).
5. On 1-12-2011, the Dhaka City Corporation was bifurcated as 'Dhaka South City Corporation' and 'Dhaka North City Corporation' by Local Government' (City Corporation) (Amendment) Act-2011. After such bifurcation the petitioner is still discharging his duty as Chief Accounts Officer-in-Charge and Additional Charge respectively in Dhaka South City Corporation and Dhaka North City Corporations.
6. Subsequently, the authority concerned decided that the Service Rules 1989 of the abolished Dhaka City Corporation would remain applicable for regulating and controlling the services of the employees of those two City Corporations. Accordingly the copy of the said Minute dated 8-3-2012 was forwarded to the authority concerned vide Memo No. 46.070.007.00.00.199.2011-454, dated 25-3-2012 for taking necessary actions. Thereafter, all on a sudden. Respondents issued Memo No.5. 1 32.046,00. 00.0 11. 20 11-338, dated 29-3-2012, (Annexure-E), transferring Respondent Nos. 6 & 7 to the post of Chief Accounts Officer of Dhaka North City Corporation and Dhaka South City Corporation from the post of Director, Railway Audit Department, Dhaka and Director, High Commission Audit Department, Dhaka, respectively in contravention of the item No. 17 of the schedule of the Dhaka Municipal Corporation Employees Service Rules 1989. Being aggrieved by this order, the writ petitioner filed the instant petition and obtained the instant Rule.
7. The petitioner by filing a supplementary affidavit dated 23-10-2014 stated that after such bifurcation, the petitioner had discharged his duty as Chief Accounts Officer-in-Charge and Additional Charge respectively in Dhaka South City Corporation and Dhaka North City Corporations until joining of Respondent Nos. 6 and 7 in the post of Chief Accounts officer of the Dhaka North/South City Corporations. Thereafter, an office order dated 13-5-2012 was issued releasing the petitioner from the post of Chief Accounts Officer-in-Charge and Additional Charge. As a result, the petitioner was discharging his duty as Deputy Chief Accounts Officer of Dhaka South City Corporation.
 (To be continued)

Tariff
Add Rate

News Archive

Inside The New Nation

International »

New strikes hit Syria enclave after UN delays truce vote


AFP, Beirut  :Air strikes and rocket fire hit the Syrian rebel enclave of Eastern Ghouta for a seventh straight day on Saturday after the United Nations again delayed a vote on a ceasefire.The Damascus government launched a devastating bombardment of the enclave just outside the capital last Sunday that has ...

Editorial »

More vigilance at Rohingya camps against human traffickers


Aid workers have identified 32 victims of human trafficking so far at Rohingya camps in Cox's Bazar and also reported lack of access to basic services and self-reliance opportunities - especially for women and girls increasing the risk of trafficking. If such risks were assessed from the very beginning when ...

Sports »

Canadian Prime Minister Justin Trudeau takes part in a hockey event with Hayley Wickenheiser (not pictured) and the Indian women's national ice hockey team at the Canadian High Commission of Canada in New Delhi, India on Saturday.


Sports »

Medalist in the men's parallel giant slalom (from right) South Korea's Lee Sangho (silver), Switzerland's Nevin Galmarini (gold) and Slovenia's Zan Kosir (bronze) pose during their medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Saturday.


Entertainment »

Sunny Leone on her Tamil film debut: I'm beyond excited to start shooting


Former adult film actress Sunny Leone made a swift move into the Hindi film industry in 2012. And now the Indo-Canadian actress is all set to make her debut in a Tamil film. She says south Indian films would help her grow as a person and an actress. Sunny, whose ...

City »

Poet Abdul Hai Shikder along with others holds the copies of a book titled 'Aroni' written by Latiful Khabira at its cover unwrapping ceremony in the city's Suhrawardy Udyan on Saturday.


Editorial »

Indian Army Chief`s allegation means complicity of government of Bangladesh


REMARKS by Indian Army Chief, Gen. Bipin Rawat on Thursday that a 'planned influx' of people from Bangladesh into India's north-east is underway as part of a proxy war by Pakistan with support from China, so to keep the area disturbed. Moreover, he also said migration from Bangladesh are happening ...

Sports »

Bronze medalist in the women`s Big Air snowboard Synnott Zoi Sadowski of New Zealand, poses during the medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea on Thursday.


.

Entertainment »

Priyanka Chopra terminates contract with Nirav Modi, not suing him yet


Priyanka Chopra has decided to cut ties with billionaire diamond trader Nirav Modi's brand following the news about the alleged banking fraud carried out by him. "In the light of recent allegations, Priyanka Chopra has chosen to terminate her contract with the Nirav Modi brand," a spokesperson of Priyanka, who ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed speaking at a protest rally organised by Khaleda Zia Mukti Parishad at the Jatiya Press Club on Friday demanding release of BNP Chairperson Begum Khaleda Zia.


.

International »

Ex-Trump campaign associates face more charges


AP, Washington  :Dramatically escalating the pressure and stakes, special counsel Robert Mueller filed additional criminal charges Thursday against President Donald Trump's former campaign chairman and his business associate.The filing adds allegations of tax evasion and bank fraud and significantly increases the legal jeopardy facing Paul Manafort, who managed Trump's campaign ...

Front Page »

Amnesty accuses President Trump of HR violations


Human rights group Amnesty International has accused Donald Trump of "hateful" politics and of being a threat to human rights. "President Trump takes actions that violate human rights at home and abroad," the group said. Amnesty put Mr Trump in the same group as the leaders of Egypt, Russia, China, ...

Editorial »

Serving people not making money must be the motto


PHYSICIANS must provide treatment, President Abdul Hamid said to common people at affordable cost so that no one remained deprived of receiving treatment for lack of money. He made the call while addressing the third convocation of Bangabandhu Sheikh Mujib Medical University in the city on Monday. He has also ...

Sports »

Karolina Pliskova of Czech Republic celebrates after she beats Carla Suarez Navarro of Spain during the Dubai Duty Free Tennis Championship in Dubai, United Arab Emirates on Wednesday.


Entertainment »

Alicia Vikander loves `big adventure films`


Oscar-winning actress Alicia Vikander said she loves "independent and arthouse" cinema, but is also attracted towards the big adventure films.The actress, who will be soon seen as Lara Croft in the forthcoming film 'Tomb Raider', also shared that she found training and muscle-building exercise for the role, empowering. "My mother, ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news