Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, February 23, 2020 12:54:44 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Administrative Tribunal Act, 1980

Applicable for the persons in service of the Republic Appellate Division

By
02nd-Nov-2019       
Share
  • Twitter
  • Google+
  • Save
  • E-mail
  • Print
Comments
Share your thought
Post a comment »
Read all () »

(Civil)
Syed Mahmud Hossain CJ
Hasan Foez Siddique J
Zinat Ara J
Md Nuruzaman J

Durnity Daman Commission
…………………..Appellant
        vs
Humaiyun Kabir  (Md) and others
.............................. Respondents

Judgment
April 2nd, 2019

Administrative Tribunal Act, 1980 (VII of 1981)
Sections 2(aa) and 4

On careful scrutiny of the Schedule to the Act, it transpires that Anti-Corruption Commission is not included in it. It cannot be said that the writ petition was not maintainable, as the Act was not applicable to the writ petitioner, Since, the Act was/is not applicable to the writ petitioner and he had no other equally efficacious remedy available in any other forum, provided by any law, the High Court Division rightly found the writ petition to be maintainable………………….. (17)
Administrative Tribunal Act, 1980(VII of 1981)
Section 2 (aa) and 4.
It shall be applicable for all the persons in the service of the Republic. The Act shall also be applicable to the employees of statutory bodies only when it is included in the schedule to the Act…………………………………………… (16)
Khurshid Alam Khan, Advocate, instructed by Sufia Khatun Advocate-on-Record-For the Appellant.
Farid Ahmed, Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the respondent.
Judgment
Zinat Ara J: This Civil Appeal No. 702 of 2016 is directed against the judgment and order dated 15-3-2015 passed by the High Court Division in Writ Petition No. 8113 of 2013 making the rule absolute and thereby, declaring the order of compulsory retirement of the writ petitioner, passed by the Anti-Corruption Commission (writ respondent No.1) and communicating of the same to the writ petitioner under the signature of writ respondent No. 3 vide Memo No. Dudak RO/30/20222(5) dated 14-7-2013 (Annexure-H to the writ petition), to have been passed without lawful authority and is of no legal effect.         
2. Facts necessary for disposal of this Civil Appeal, in a nut shell, are that the writ petitioner, leave-respondent No.1 herein, filed Writ Petition No.8113 of 2013, contending, inter alia, that he had been serving in: the Anti-Corruption Commission (hereinafter stated as the Commission), as Head Constable. At that time, one Marine Akhter Irani filed a criminal case, being Shahbag Police Station Case No. 23 dated 13-8-2008, against him under Seetion 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. The said Marine Akhter Irani also filed a written complaint to the Commission against the writ petitionWc. Whereupon, Departmental Case No.15 of 2008 was initiated against him and he was suspended from service on 13-8-2008. Thereafter, a show cause notice was issued upon him on 26-10-2008 along with a copy of the charge brought against him. He submitted reply to the said charge on 2-11-2008. The Commission, not being satisfied with the reply of the writ petitioner appointed an inquiry officer and the inquiry officer upon holding inquiry, submitted a report on 23-2-2009. Considering the inquiry report, the Commission issued a second show cause notice upon the writ petitioner and he gave reply thereof. Meanwhile, after, completion of investigation into Shahbag Police Station Case No. 23 dated 13-8-2008, the Investigating Officer submitted charge-sheet against him.
3. Thereafter, Nari-o-Shishu Nirjatan Daman Tribunal, Dhaka (shortly, the Tribunal) took cognizance of offence against him in the said case being Nari-o-Shishu Nirjatan Daman Case No.159 of 2009. After appearing in the said criminal case the writ petitioner obtained bail. Then, he filed an application before the Tribunal for an order of discharge and it was rejected by the Tribunal and charge was framed against him.
4. Thereafter, the writ petitioner filed Criminal Appeal No.6140 of 2009 before the High Court Division challenging the order of framing of charge and obtained a rule with an order of stay of further proceedings of Nari-o-Shishu Nirjatan Daman Case No. 159 of 2009. Upon hearing, the High Court Division allowed the appeal by judgment and order dated 9-10-2012. Consequently, the order relating to framing of charge by the Tribunal was set-aside.
5. However, the Commission on the basis of the departmental inquiry report by its letter dated 14-7o2013 awarded a penalty of compulsory retirement upon the writ petitioner.
6. Hence, the writ petitioner filed the above mentioned writ petition challenging the order of his compulsory retirement and obtained a rule with an order of stay.
7. 'The Commission contested the rule by filing an affidavit-in-opposition controverting the statements made in the writ petitions and submitting that the writ petition was/ is not maintainable.
8.  Upon hearing, the High Court Division made the rule absolute and declared the impugned order of compulsory retirement to have been passed without lawful authority and is of no legal effect.
9. Feeling aggrieved, the, Commission filed Civil Petition for Leave to Appeal (CPLA) No. 2388 of 2015 before this Division.
10. Upon hearing of the CPLA, this Division by order dated 11-8-2016 granted leave to appeal on the following additional ground:
"1. For that the writ petitioner-respondent filed the instant writ petition in the High Court Division challenging the order of forced retirement inasmuch as his remedy lips before Administrative Tribunal in view of Article 117 of the Constitution read with Section 4 of the Administrative Tribunal Act, the High Court Division erred in law in not holding for instant writ petition was not maintainable."
11. Mr Khurshid Alam Khan, the learned Advocate appearing for the Appellant submits that the writ petition challenging the order of compulsory retirement of the writ petitioner was not maintainable inasmuch as the writ petitioner's remedy was before the Administrative Tribunal in view of the provision of Article 117 of the Constitution read with Section 4 of the Administrative Tribunals Act, 1980 (shortly, the Act), and, therefore, the High Court Division erred in law in making the rule absolute. He further submits that the High Court Division had no jurisdiction to entertain the writ petition or making the rule absolute and, therefore, the order passed by the High Court Division is not tenable in law and is liable to be set-aside.
12. In reply, Mr Farid Ahmed, the learned Advocate appearing for the writ petitioner, respondent No.1 herein, takes us through the relevant provisions of Sections 2 (aa) and 4 of the Act and submits that the writ petition was maintainable as the writ petitioner had no other equally efficacious remedy in any other forum. He next submits that the Durnity Daman Commission is a statutory body and it has its own Rules for its employees namely, Ò`ybx©wZ `gb Kwgkb (Kg©Pvix) PvKzix wewagvjv, 2008Ò. He further submits that the provisions of the Act is not applicable in his case. He also submits that the provisions of Section 2 (aa) read with Section 4 of the Act, clearly show that the Act is applicable for the persons in the service of the Republic and also for the employees of Statutory bodi.es as mentioned' in the Schedule to the Act. He finally submits that the writ petitioner-respondent herein, is neither in the service of the Republic nor Anti-Corruption Commission is included in the Schedule to the Act and, therefore, the writ petition was maintainable and the appeal is thus liable to be dismissed.
13. We have examined the Writ Petition, the leave granting order, the relevant provisions of Sections 2 (aa) and 4 of the Administrative Tribunals Act, 1980 and the connected materials on record.
14. In this civil appeal, we have to decide the question as to whether the writ petition is maintainable as per leave granting order, as quoted hereinbefore.
15. To decide the question, it is necessary to study the relevant provisions of Sections 2 (aa) and 4 of the Act. For better understanding, the said provisions are quoted below:
"2. Definitions-In this Act, unless there is anything repugnant in the subject or context,-
(a)     ……………………………………
(aa) "Statutory public authority" means an authority, corporation or body specified in the Schedule to this Act; and
(b)……………………………………………………………… (Underlined by us)
"4. Jurisdiction of Administrative Tribunals-(l) an Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic or any Statutory public authority.
(2) A person in the service of the Republic or of any statutory public authority may make an application to an Administrative Tribunal under sub-Section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic or, of any statutory, public authority:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the Republic or of any statutory public authority or the discipline of that service can be made to the Administrative Tribunal until such higher authority has taken a decision on the matter:
Provided further that, where no decision on an appeal or application for review in respect of an order, decision or action referred to in the preceding proviso has been taken by the higher administrative authority within a period of two months from the date on which the appeal or application was preferred or made, it shall on the expiry of such period, be deemed, for the purpose of making application to the Administrative Tribunals under this Section, that such higher authority has disallowed the appeal or the application.
Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action or making of the decision on the matter by the higher administrative authority, as the case may be
(3) In this Section "person in the service of the Republic or of' any Statutory public authority" includes a person who is or has retired or is dismissed removed or discharged from such service but does not. include a person in the defence services of Bangladesh or of the Bangladesh Rifles.
16. Thus, it is crystal clear from the above quoted provisions of the Act that it shall be applicable for all the persons in the service of the Republic. The Act shall also be applicable to the employees of Statutory bodies only when it is included in the Schedule to the Act.
17.    On careful scrutiny of the Schedule to the Act, it transpires that Anti-Corruption Commission is not included in it. Therefore, it cannot be said that the writ petition was not maintainable, as the Act was not applicable to the writ petitioner. Since, the Act was/is not applicable to the writ petitioner and he had no other equally efficacious remedy available in any other forum' provided by any law, the High Court Division rightly found the writ petition to be maintainable.
18. In view of the above, we find no merit in the submissions of Mr Khurshid Alam Khan, the learned Advocate for the appellant and we find merit and force in the submissions of Mr Farid Ahmed, the learned Advocate for respondent No.1
19. In such view of the matter, the appeal fails,
According, the appeal is dismissed without any order as to costs.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Govt incapable of deciding how to deal with Rohingya crises


NEWSPAPERS reported that the government is shifting its previous stance on sheltering one lakh Rohingyas to remote Bhashan Char due to constant objections from the international community, especially the aid agencies. Bhashan Char is only 25 kilometres from Sandwip Island and it has a fast siltation rate. There is also ...

Football »

Lewandowski double edge Bayern past bottom side Paderborn


Bundesliga leaders Bayern Munich squeezed past bottom side Paderborn 3-2 on Friday as Robert Lewandowski netted twice to spare goalkeeper Manuel Neuer's blushes in their final game before facing Chelsea in the Champions League.Lewandowski now has a league-leading tally of 26 goals in the top flight, illustrating his importance to ...

Entertainment »

Priyanka wishes Sophie a happy birthday


Priyanka Chopra has shared a sweet birthday wish for sister-in-law and Game of Thrones actor Sophie Turner on her 24th birthday. She shared a picture from the 2017 MET Gala where she not just made her first appearance with now husband Nick Jonas but also met Sophie. Sharing the picture ...

Sports »

Venezuela's Rojas sets new indoor women's triple jump world record


Venezuela's Yulimar Rojas on Friday set a new indoor women's triple jump world record of 15.43m at a meeting in Madrid.The 24-year-old world champion bettered the previous world record of 15.36m set by Russia's Tatyana Lebedeva in Budapest in March 2004.Rojas's new mark also left her just seven centimetres short ...

International »

Sanders condemns Russian interference in 2020 elections


Agencies :Bernie Sanders on Friday condemned Russian interference in the 2020 election, telling Russia President Vladimir Putin that "if elected president, trust me, you are not going to be interfering in American elections."Sanders issued a statement in response to The Washington Post's report that the Vermont senator was briefed by ...

International »

China's President expresses thanks to Bill Gates help for tackling virus epidemic


AFP, Beijing :Chinese President Xi Jinping has written a letter expressing thanks to the Bill & Melinda Gates Foundation for the organisation's "generosity" and support tackling a deadly virus epidemic, state media said Saturday.The outbreak of the new COVID-19 strain has claimed 2,345 lives in mainland China and infected more ...

Entertainment »

Angrezi Medium’s song Ek Zindagi is all about living dreams


Homi Adajania’s upcoming comedy-drama film Angrezi Medium is about the lovable relationship between a father and his daughter. The chemistry of the relation is portrayed beautifully by Irrfan Khan and Radhika Madaan in the trailer and now the makers have released the first song from the fil titled Ek Zindagi ...

Football »

Messi sees 'strange' things at Barcelona after social media row


Lionel Messi said Wednesday it was "strange" to see Barcelona locked in a row over a company accused of criticising current and former players, including himself, on social media.Barcelona president Josep Maria Bartomeu said on Tuesday the club had terminated its contract with PR company, I3 Ventures, who had been ...

Editorial »

21 February should be celebration of free speech


THE historic Amtala, where Language Movement activists gathered on February 21, 1952 to defy a curfew and protest the then Pakistan government's refusal to recognise Bangla as one of the State languages of Pakistan is covered by encroachers.Pakistan government was ultimately compelled to include an article in the country's Constitution ...

International »

How Trump visit could leverage CAA and Kashmir against PM Modi


Agencies, New Delhi :As India rolls out the red carpet to receive US President Donald Trump next week, rough spots that have arisen in the wake of the Modi government's decisions on Kashmir and the subsequent passing of the Citizenship Amendment Act will need diplomatic resolution. The Modi government's sudden ...

International »

India ‘bigger problem’ than China: Michael Bloomberg on carbon emissions


PTI, Washington :India poses a bigger problem than China when it comes to fighting climate change, particularly on reducing carbon emissions, Democratic presidential aspirant and former New York mayor Michael Bloomberg has said.During his maiden appearance on a Democratic presidential primary debate in Las Vegas on Wednesday, Bloomberg said it ...

Editorial »

We need a caring govt: Mere court's directions cannot go far


THE High Court Division on Tuesday directed the government to ensure setting up breastfeeding and baby care corners in the country's all the mills and factories. Most of the working women have to resign from jobs or take an attempt due to unavailability of baby care facilities at workplaces. When ...

Cricket »

Host Australia target fifth title at women's T20 World Cup


Mighty Australia go into their home Twenty20 World Cup this week as overwhelming favourites as they look to cement their superiority in women's cricket and draw a world-record crowd in the process.Meg Lanning's defending champions, and four-time winners, were rarely tested through the second half of 2019 when they whitewashed ...

Entertainment »

Baaghi 3’s new song Bhankas is surely the wedding song


After wowing the audience with the action packed trailer and the groovy number Dus Bahane 2.0, the makers of Baaghi 3 have released the latest song from the movie titled Bhankas. The new track, Bhankas is a remake of Bappi Lahiri’s original song and once again is set to break ...

International »

Sanders hopes early strength will prove he can beat Trump


AP, Las Vegas :Terry Reece has long been skeptical that voters would back Bernie Sanders, a 78-year-old self-described democratic socialist who is just months removed from a heart attack. Then the Vermont senator essentially tied for first place in the Democratic Party's Iowa caucuses and won its New Hampshire primary.That ...

 
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