Oil, Gas And Mineral Corporation (Petrobangla), Ordinance, 1985
Regulation No. 42(8)
provides that if the final decision is not taken by the authority in a
disciplinary proceeding against its employees, the person proceeded against
shall stand exonerated from all the allegations on the expiration of 180 days
from the date of notice of the proceeding.
lawfully drawn proceeding and valid orders of suspension, though cease to have
effect on the expiration of 180 days for not taking the final decision in the
matter, cannot be declared invalid. Appointment of an Enquiry Committee after
the proceeding lost its force and the respondent stood exonerated from all the
allegations against him is illegal and void.
Oil, Gas and Mineral Corporation (PETROBANGIA) and another Vs. Baziul Karim, 16
BLD (AD) 25.,
15 of Service Regulations of the Corporation (BOGMC) empowers it to send its
employees outside the Corporation on deputation basis. BOGMC subsequently
formed a subsidiary company named Bangladesh Petroleum Exploration Company
Limited and got it registered under the Companies Act, 1913. By resolution of
the Board of Directors of the Corporation held on 1. 6.1991 respondent No. I
was permanently transferred to the said subsidiary company. The High Court Division
rightly held that respondent No. I acquired a right under section 24(2)(d) of
the Ordinance to remain an officer of the Corporation and his permanent
transfer to the subsidiary company without his consent was illegal.
Petro Bangla and others Vs. A.K.M. Fazlul Karim and another, 15 BLD (AD) 114.
Rule 15 of the Service Regulations of the Corporation provides that an employee
of the Corporation may be sent on deputation to a subsidiary company for a
period not exceeding 3 years prior consent of the employee concerned is
required to be obtained before his transfer on deputation to a subsidiary
company or other organisations. Service Regulations of the Corporation do not
contemplate permanent transfer of an employee and as such the impugned order is
found to be without lawful authority and of no legal effect.
Fazlul Karim Vs. Bangladesh and others, 15 BLD (HCD) 277.
Oil, Gas And Mineral Wealth Corporation Service Regulation, 1988
Xxi Of 1985)
fixing minimum academic qualification for promotion to the higher posts being
prospective in effect shall not apply to those who had acquired their rights to
be considered for promotion to the respectively higher posts by operation of
Section 24(2)(d) of the parent statute, i.e., Ordinance No. XXI of 1985,
because, according to it the terms and conditions by which they are governed
are the same as they had enjoyed before being transferred to the Bangladesh
Oil, Gas and Mineral Corporation. (ii) The right to be considered for promotion
acquired by the person concerned by operation of the parent Statute, i,e,
Section 24(2)(d) of ordinance No. XXI of 1985 cannot be taken away by any
subordinate Statute, i,e, by any provision of the Service Regulations framed in
exercise of any power vested in the Board of Directors of Bangladesh Oil, Gas
and Mineral Corporation by the parent Statute.
Sheikh Vs. Bangladesh and others, 13 BLD (HCD) 376.