Bangladesh Public Service Commission (Consultation) Regulation, 1979

 

 

Regulation 6 –

The advice of the Public Service Commission is not binding upon the authority but the authority is required to consider it and pass any appropriate order.

Government of Bangladesh vs AAM Salekuzzaman and another 52 DLR (AD) 166.

Regulation 9-

Consultation with the Public Service Commission-In passing the order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not upgraded till taming of the Recruitment.

Abdul Khaleque (Md) vs Ministry of Law, Justice and Parliamentary Affairs, and others 52 DLR (AD) 147.

Bangladesh Public Service Commission (Consultation) Regulation, 1979

 

Bangladesh
Public Service Commission (Consultation) Regulation, 1979

 

Regulation—6

Constitution
of Bangladesh, 1972, Article—140(2)

The
advice of the Public service Commission is not binding upon the authority but
the authority is required to consider it and pass any appropriate order. [Per
Latifur Rahman, C.J. delivering the majority judgment.

From
the conduct of the concerned authority it appears that they were bent upon to
dismiss the respondent from service by any means fare or foul, wanted to get
rid of this man and for that end in view they put on indirect pressure upon the
inquiry officer and after giving the respondent a bad name and suppressing the
real findings got the order of dismissal approved by the President which is
indicative of an act which cannot be construed a bonafide act. Though the
respondent has not taken any ground on the malafide of the concerned authority
but from the perusal of the available materials it appears to me that the
activities of the appellant cannot be construed as bonafide. [Per Mahmudul Amin
Chowdhury, J (dissenting) J

Government
of Bangladesh Vs A A M Satekaman and another, 2OBLD (AD) 269

Ref:
Bangladesh Vs. Md. Matiur Rahman, 2 BLD (AD) 109—Cited.