Bangladesh Civil Service

 

 

Bangladesh Civil Service (Reorganisation) Order, 1980

Para 2(X) –

While the function of the civil administrative executive services is to assist the political executive in formulation of policy and in execution of the policy decisions of the Government of the day, the function of the judicial service is neither of them. It is an independent hand of the Republic which sits on judgment over parliamentary, executive and quasi-judicial actions, decisions and orders. To equal and to put on the same plane the judicial service with the civil administrative executive services is to treat two unequals as equals.

Secretary, Ministry of Finance Dhaka vs Md Masdar Hossain and others 52 DLR (AD) 82.

Para 2(X) –

In broad concept the service of the Republic means all services of Bangladesh. It is a generic term and person who is getting emolument because of his service in the Republic is a public officer. In that sense, the member of the judicial service and the magistrate exercising judicial functions are no doubt public officers in the generic term. But within the scheme of the Constitution of the People's Republic of Bangladesh the nature of judicial service has been contemplated as distinct and separate from other works performed by other officers of other cadre services. The judicial service is, of course, included in the definition of service of the Republic but they have been separately treated within the scheme of the Constitution as reflected in Articles 115, 116, l 16A and 152(1) of the Constitution.

Secretary, Ministry of Finance, Dhaka vs Md Masdar Hossain and others 52 DLR (AD) 82.

Bangladesh Civil Service Recruitment Rules, 1981

 

These Rules are equally applicable to all the cadres and no special provisions are framed in the Rules for appointment to police cadre. What Articles 27 and 29 require is that rules, tests or qualification must be reasonable and not arbitrary and must have a rational relationship with suitability of the candidates for appointment to a particular post or a particular cadre.

Gazi Jashimuddin vs Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka and others 50 DLR 31.

Rules 25 and 26-

To single out the petitioner from the other candidates as not.suitable for police cadre, on the ground of his involvement with a student front of a particular political party means that uniform principle and same standard for verification of character of the candidates are not applied.

Gazi Jashimuddin vs Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka and others 50 DLR 31.

 

Bangladesh Civil Service Seniority Rules, 1983

 

Section 3 –

The Tribunals below having given relief to respondent without hearing the directly recruited officers, the Tribunals acted contrary to law in not dismissing the case on the ground of maintainability alone.

Mahbubur Rahman and others vs Taslimuddin Ahmad and others 54 DLR (AD) 97.

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