Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, September 23, 2017 07:52:17 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Departmental proceeding not same as criminal proceeding

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

(From previous issue) :
It is also admitted that treafter the petitioner has filed a departmental apeal. But the said appeal was dismissed by an order dated 23-7-2001. Subsequently the petitioner has filed an application under Section 4(2) of the Administrative Tribunal Act, 1980, before the Administrative Tribunal, Dhaka, challenging the aforsaid order dated 23-7-2001, which was registered as Case No. 160 of 2001. The Administration Tribunal, by an elaborate judgment and order dated 19-4-2003, rejected the case of the petitioner filed under Section 4(2) of the Administrative Tribunal Act, 1980, in which, as we find, all legally material facts were duly considered by the Tribunal. It is also admitted that, being aggrieved by the aforesaid judgment and order dated 19-4-2003 of the Tribunal, the petitioner had preferred an Appeal No. 115 of 2003 before the Administrative Appellate Tribunal, which was dismissed for default by order No. 20 dated 20-3-2008. Section 6(a) of the Administrative Tribunal Act, 1980, provides for preferring appeal before the Appellate Division under Article 103 of the Constitution against any judgment and order of the Appellate Tribunal.
8. In view of the foregoing facts and circumstances, we are of the view that the petitioner having not preferred any appeal under Article 103 of the Constitution, before the Appellate Division, as per provisions of section 6(a) of the Administrative Tribunal Act, 1980, the judgment and order 19-4-2003, passed by the Administrative Tribunal, has become final.
9. Once a dispute has been settled by the judicial body, there is no scope to refer the aforesaid representation dated 2-9-2014, Annexure- K(l), to the Principal Secretary of the Prime Minister's Office and thereby to re-open the matter. In other words, the Principal Secretary, Prime Minister's Office, being the executive authority, cannot sit in appeal over the judgment passed by the Administrative Tribunal or by any other judicial/quasi-judicial authority, by re-opening the matter. Nor this Division, far less the executive organ, can arrogate to itself the jurisdiction vested in the Appellate Division under Article 103 of the Constitution, read with Section 6(a) of the Administrative Tribunal Act, 1980.
10. On the other hand the executive authority, in this case the Principal Secretary of Prime Minister's Office, has no competence or authority to re-open the issue already decided by a competent judicial body or Tribunal or to sit as court of appeal over a judgment passed by any court or any Tribunal. Any persos aggrieved by any judgment or order of a court or Tribunal can address to the higher forum in the judicial highrearchy, if there is any, not to any other person or authority. The order or judgment thus passed is final and conclusive, so far as a dispute resolved by it. This is based on the doctrine of separation of power.
11. As regards the contention, though no more necessary to address indeed that the petitioner was discharged from a Criminal case filed against him, we do hereby hold, to make it clear, that a departmental proceeding is not same as a criminal proceeding. It is not necessary in a departmental proceeding that any persons should be found guilty beyond reasonable doubt, a stand of proof required in a criminal proceeding. The preponderance of probability is enough to found a person guilty in a departmental proceeding. This difference between these two forums has to be understood and to be followed consistently. One is not barred by the findings of other, nor the procedure followed by them are of equal stringenecy in nature.  In the light of the deliberation recorded herein above, we find no merit in this rule.
Order
In the result, the Rule is discharged.
No order as to cost.
(Concluded)

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Uttering `strong and swift action` not enough, President Trump should mean business


US PRESIDENT Donald Trump wants the UN Security Council to take "strong and swift action" to end violence against Myanmar's Rohingya Muslims. Speaking at a Security Council meeting on peacekeeping reform, Vice President Mike Pence accused the Myanmar military of responding to attacks on government outposts "with terrible savagery, burning ...

City »

Islami Oikya Jote staged a demonstration in the city`s Palton area on Friday in protest against killing of Rohingya Muslims in Myanmar.


.

Entertainment »

Raai Laxmi in yet another hot, steamy song Mala Seenha


After teasing the audience with the teaser, trailer and title track now the makers of Julie 2 has released yet another hot and steamy song from the movie. With every passing day, Raai Laxmi is soaring the temperature with lots of oomph.  Produced and directed by Deepak Shivdasani and presented ...

International »

Defying Trump, Iran will boost missile capabilities


Reuters, London :Iran will strengthen its missile capabilities and will not seek any country's permission, President Hassan Rouhani said on Friday in a snub to demands from U.S. President Donald Trump.Rouhani was speaking at a military parade where an Iranian news agency said one of the weapons on display was ...

Editorial »

Shortage of food, water and medicine in Rohingya camps makes life difficult


FOLLOWING the influx of some 26,000 pregnant mothers, 40,000 lactating kids, and 2,00,000 children out of an estimated more than 4,00,000 migrated Rohingyas from Myanmar - many are now at high risk due to lack of proper health care, food, water and medicines. When some of the high-ups of the ...

Sports »

Kristie Ahn of the United States returns a shot to Veronica Cepede Royg of Paraguay during their second round match at the Korea Open tennis championships in Seoul, South Korea on Thursday.


City »

From left- former Vice-President of Dhaka University Central Students Union (DUCSU)Sultan Mohammad Monsur Ahmed, , Krishok Sramik Janata League President Bangabir Kader Siddique, Bir Uttam, General Secretary respectively of the Jatiya Samajtantrik Dal Abdul Malek Ratan, Bangladesher Samajtantrik Dal (BaSaD) General Secretary Khalekuzzaman, President of Bikalpa Dhara Bangladesh (BDB) Dr AQM Badruddoza Chowdhury, Gana Forum President Dr Kamal Hossain, Professor Dilara Chowdhury of Jahangirnagar University, former State Minister for Foreign Affairs Ministry Abul Hasan Chowdhury and weekly Robbar Editor Syed Tosharaf Ali spoke at a rally title


Entertainment »

Hera`s one decade in showbiz


Sheikh Arif Bulbon :Popular model cum actress Ruksana Ali Hera has already passed 10 years in media. She was first seen as a still model of Banglalink taken by photographer Iqbal Ahmed. She also started her career as a model in a visual advertisement of mobile company Airtel under the ...

Entertainment »

Nagpada Godmother's grandkids to feature in 'Haseena Parkar'


Shraddha Kapoor will essay the role of dreaded don Dawood Ibrahim's sister Haseena Aapa in Apoorva Lakhia's upcoming film 'Haseena Parkar' and we have learned that the film also features actual grandkids of the real Haseena Parkar, who was referred to as the 'Godmother of Nagpada'.  Confirming the same, director ...

International »

Russian special forces helping Syrian troops in key city


AP, Moscow :Russian special forces are helping Syrian government troops fight Islamic State militants in the battle underway for the strategic city of Deir el-Zour in eastern Syria, the defense ministry in Moscow said on Thursday.The deployment comes amid rising concerns of a direct confrontation on the ground between Russian-backed ...

Editorial »

Suu Kyi`s speech cannot silence the critics


STATE Counsellor of Myanmar Aung San Suu Kyi finally broke her silence on the Rohingya refugee crisis Tuesday insisting that her country was not "afraid of international scrutiny." But her speech in Naypyidaw drew widespread criticism, such as; she did not denounce atrocities against Rohingyas and claimed the government needed ...

Football »

Bayern`s Arturo Vidal is celebrated after he scored the third goal for Bayern during the German Bundesliga soccer match between FC Schalke 04 and Bayern Munich at the Arena in Gelsenkirchen, Germany on Tuesday.


Entertainment »

Feels good that like-minded people are in CBFC: Vidya Balan


Last month, much to the relief of filmmakers and the audience, the Censor Board of Film Certification underwent a revamp in August. Padma Shri recipient and lyricist Prasoon Joshi replaced Pahlaj Nihalani as the chairperson and revered film personalities like Vidya Balan and TS Nagabharana became board’s new members. Hopes ...

International »

Iran in UN spotlight as Trump threatens nuclear deal


AFP, United Nations :Tehran will defend itself on the world stage on Wednesday with President Donald Trump threatening to trigger a new international crisis by pulling out of the Iran nuclear accord.Iran's President Hassan Rouhani is to address the United Nations General Assembly, where worried world leaders are fearful of ...

City »

Residents of Dolaipar area in the city facing acute water crisis as water with bad smell has been coming from the WASA line. People have to collect drinking water from the only WASA pump in the areas standing in long queue.


 
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