BANGLADESH RIFLES ORDER, 1972 ARTICLE- 18 BANGLADESH RIFLES (AMENDMENT) ACT, 1974 (15 OF 1974) ARTICLE- 15 AND BANGLADESH RIFLES RULES, 1971 RULE-6 (X)

The respondent, a Naibsubader of the Bangladesh Rifles was dismissed from service, following a show cause of disciplinary reason and the order of dismissal was communicated by the sector commander. His appeal was dismissed by the Director General of Bangladesh Rifles but in Writ Petition the High Court Division made the rule absolute on the ground that the order of dismissed passed by the sector commander and the dismissal of the appeal by the Director General were both acts without
jurisdiction not being authorized by the Bangladesh Rifles Order, 1972 Held : It is not disputed that the sector commander who passed the order of dismissal in the present was a Deputy Director. That being so, it is clear that the order of dismissal in the present case was passed by a proper and competent person under the law our attention has been drawn to the Bangladesh Rifles Rules, 1971 which is in force by reason of Article 18 of the order, Rule 6 (X) of the said Rules provides that when an accused is awarded any punishment by an officer of and above the rank of Lt.-Col. appeal lies to the Director General. Therefore, there was no incompetence in the Director General to deal with and dismiss the appeal on the present case.

Bangladesh & Ors. Vs. Md. Obaidullah Khan 4BLD (AD)-128.

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