Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, December 19, 2018 04:46:07 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Employees are governed by Service Rules, not Organogram

By
29th-Jul-2017       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue)
8. All on a sudden, an 'Office Order' dated 23-10-2012 was issued under the signature of the Respondent No.9, transferring /vesting his service from Dhaka South City Corporation to the North City Corporation. On 25-10-2012, the petitioner joined the post of Deputy Chief Accounts Officer of Dhaka North, City Corporation. Accordingly, an office order, dated 27-1-2013 was issued under the signature of Respondent No.8, Secretary Dhaka North City Corporation.
9. It is further stated that all on a sudden, an 'Office Order' dated 23-8-2015 was issued under the signature of the Respondent No.8 transferring the petitioner from the post of Deputy Chief Accounts Officer (Dhaka North City Corporation) to the post of 'Geographer', Town Planning Division (Dhaka North City Corporation) and accordingly, the petitioner joined in the said post on 25-8-2015.
to. The respondent No.6 filed an affidavit-in-opposition controverting the statements made in the Writ Petition, stating, inter alia, that after bifurcation of the then Dhaka City Corporation, due to retirement of the earlier Chief Accounts Officer, the petitioner was given additional charge as Chief Accounts Officer of the Dhaka North City Corporation and current charge of the Dhaka South City Corporation respectively. However, by the impugned order dated 29-3-2012, respondent No. 6 was transferred to the post of Chief Accounts Officer of Dhaka North City Corporation and Respondent No.7, was posted as Chief Accounts Officer of the Dhaka South City Corporation under deputation as per Rule 8 of the XvKv †cŠi K‡c©v‡ikb Kg©Pvix PvKzix wewagvjv, 1989.
11. On 29-3-2012, for the purpose of appointing Chief Accounts Officer in the Dhaka North City Corporation and Dhaka South City Corporation, the Government placed the service of Respondent Nos. 6 and 7 to the Ministry of Local Government, Rural Development and Cooperatives. Earlier, the Chief Accounts Officer of Dhaka City Corporation retired from his service and for smooth functioning of the accounts section, the petitioner, who was at that time working as Deputy Chief Accounts Officer, was given additional charge and current charge of Dhaka North City Corporation and Dhaka South City Corporation respectively. By giving the said charges, the authority neither gave any promotion to the petitioner nor any right had accrued to the petitioner to be promoted to the said post. The petitioner sought remedy against Dhaka North City Corporation and Dhaka South City Corporation, but in the instant case, the petitioner has not served any notice upon the Dhaka North  City Corporation and Dhaka South City Corporation and, as such, the Rule issued in the said writ petition is liable to be discharged.
12. As per Rule 8 of the XvKv †cŠi K‡c©v‡ikb Kg©Pvix PvKzix wewagvjv, 1989, there is a provision for appointment on the basis of deputation and the Respondent Nos. 6 and 7 have been appointed as Chief Accounts Officer of Dhaka North City Corporation and Dhaka South City Corporation respectively by complying with the said Rule and as such, there is no illegality.
13. In 1990 an organogram was approved by the Dhaka Municipal Corporation, which was approved by the Ministry of Local Government, by the said organogram, the post of Deputy Chief Accounts Officer was Created for the first time. In the said Organogram, it has been specifically provided that the Chief Accounts Officer will be appointed by deputation. But the writ petitioner has willfully suppressed this fact. After filing the writ petition, the petitioner is still functioning as the Deputy Chief Accounts Officer of Dhaka North City Corporation and by the Impugned Order, his service has not any way been disturbed and there is no reason of the petitioner to be aggrieved by the impugned Order and as such the Rule is liable to be discharged.
14. The petitioner filed an affidavit-in-reply against the Affidavit-in-Opposition filed by the respondent No.6. It is stated that as per Rule 8 of the Dhaka Pouro Corporation Employees Service Rules, 1989, the authority can transfer any employee on deputation to any post in the City Corporation and/or by complying with the said Rule. Respondent No.6 has been transferred from his earlier post of Director, Railway Audit Department to the post of Chief Accounts Officer, Dhaka North City Corporation, which is without lawful authority, since, as per Rule-8 of the Dhaka Pouro Corporation Employees Service Rules, 1989 the authority can transfer any employee to any post, subject to the Schedule of the said Service Rules -1989.
15. Item No-17 of the Schedule of the said service Rules provides that the post of Chief Accounts Officer shall be filled in either by promotion or by direct appointment. There is no scope to transfer any employee on deputation to that post i.e. the post of Chief Accounts Officer. Therefore, it is apparent that the authority posted Respondent Nos. 6 and 7 in the said post of Chief Account's Officer of Dhaka. North City Corporation and Dhaka South City Corporation respectively in violation of Item No. 17 of the Schedule of the Service Rules-1989.
16. Mr Mohammad Hedayet Hossain, the learned Advocate for the petitioner submits that the Respondent No.1, being empowered pursuant to Section 157 of Dhaka Municipal Corporation Ordinance, 1983, enacted Dhaka Municipal Employees Service Rules, 1989 and these Service Rules of 1989 was no way detrimental to the service condition of the petitioner and the said Service Rules of 1989 was 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 Services Rules, 1989, the post of Chief Accounts Officer was to be filled in either by direct recruitment or by promotion. He further submits that 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.
 (To be continued)

Tariff
Add Rate

News Archive

Inside The New Nation

Entertainment »

I always try to push negativity aside: Sunny Leone


Adult film star-turned-Bollywood actor Sunny Leone, who is often a target of sexist and disparaging remarks by people, says she is disturbed when "nonsense" gets highlighted."I always try to push negativity aside, but there are some things which I can't because I am also a human and I have feelings."I ...

Cricket »

Australia wins 2nd Test vs India by 146 runs, series 1-1


AP, Australia :Australia trounced India by 146 runs in the second Test to level the four-Test series 1-1 on the final day on Tuesday.Needing 287 runs to win, India resumed the day on 112-5 and was all out in a hurry for 140 in the second innings, and Australia was ...

Sports »

WTA changes rules affecting players returning from pregnancy


AP, St. Petersburg :The women's tennis tour approved rule changes Monday that are meant to ensure players are not penalized after they return from pregnancy or an injury that causes a long absence.The changes were prompted, in part, by the experiences of former No. 1 players Serena Williams and Victoria ...

Editorial »

The administration must prove its ability to hold free and fair polls


NEW United States ambassador in Dhaka Robert Earl Miller said that his country expected the upcoming December 30 elections in Bangladesh to be free, fair and credible as he paid a courtesy call on Prime Minister Sheikh Hasina. The US Ambassador informed the PM that his country would send 32 ...

Business & Economy »

Parveen Haque Sikder, EC Chairperson of National Bank Limited, inaugurating its 201st branch at Hili Land Port on Tuesday. Ali Haider Mortuza, Vice-President, other officials of the Bank, local businessmen and elites were also present.


International »

Former FBI chief lashes out at Trump, Republicans for telling `lies`


CNN, Washington :Washington (CNN)Former FBI Director James Comey slammed Republicans on Monday for not speaking out against President Donald Trump's attacks on the FBI and strongly defended the agency's conduct, following his second round of questioning at a closed-door congressional interview."Somebody has to stand up and speak for the FBI," ...

Chittagong »

A discussion meeting was held at Chattogram University of Engineering and Technology (CUET) marking the Victory Day on Sunday. Prof Dr Md Rafiqual Alam, VC of the University was present as Chief Guest.


City »

Vice-Chancellor of Dhaka University Prof Dr Akhtaruzzaman poses for photo session with the recipients of Provost Awards of Bijoy Ekattor Hall of DU in its auditorium on Tuesday.


Entertainment »

Ankhi Alamgir enthrals Kolkata audience


Entertainment Report :   In the beginning of current year popular singer Ankhi Alamgir performed in Utsab at Jodhpur Park in Kolkata. In the meantime, she also went to Kolkata for several times. On December 14, she got the opportunity to perform as a leading singer of Bangladesh at outdoor pool ...

Business & Economy »

Choudhury Atiur Rasul, Chief Financial Officer of Agricultural Marketing Company Limited (AMCL), a sister concern of PRAN Group, receiving the 'ICMAB Best Corporate Award-2017' in the Miscellaneous Manufacturing Category from Finance Minister Abul Maal Abdul Muhith, at a programme held at a hotel in the city on Saturday. Dr. M Khairul Hossain, Chairman of Bangladesh Securities and Exchange Commission and Suvod Kumar Karn, President of South Asian Federation of Accountants were also present.


.

Cricket »

Shakib Al Hasan plays a shot during the first Twenty20 International match between Bangladesh and West Indies at Sylhet International Cricket Stadium on Monday. Shakib scored 61 runs.


Cricket »

Fizz moves to top five in ODI rankings


Mustafizur Rahman has made a big leap to enter into the top five ranks of ICC ODI bowling rankings. Other Bangladeshi players have also made progress in the rankings after the end of Bangladesh-Windies ODIs.The Fizz moved five places to no.5 in the rankings. He has career-best 695 points against ...

Editorial »

Dhaka must involve ASEAN nations for early Rohingya repatriation


MALAYSIAN Prime Minister Mahathir Mohamad on Sunday asked the ASEAN nations to take tough measures for creating pressure on Myanmar and its de facto leader Aung San Suu Kyi to end atrocities against the Rohingya Muslims. More than 720,000 Rohingyas have fled Myanmar's strife-torn Rakhine State to Bangladesh since August ...

International »

Indian troops enforce lockdown to foil Kashmir public march


AP, Srinagar :Soldiers and police fanned out across Indian-controlled Kashmir on Monday to enforce a security lockdown for a second straight day to stop anti-India protests and foil a call by separatists for a march toward India's main military garrison in the disputed region.Government forces patrolled streets in the region's ...

Cricket »

Sri Lanka 275-9 at stumps on day 1, 1st Test vs New Zealand


AP, New Zealand :Tim Southee took 5-67 as New Zealand exploited an influential toss to contain Sri Lanka to 275-9 Saturday on the first day of the first cricket Test at the Basin Reserve.A late unbeaten half century by wicketkeeper Niroshan Dickwella helped swing the day a little in Sri ...

 
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