Bangladesh Rifles Order, 1972

 

 

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. [Paras – 5 & 6)

Bangladesh & Ors. Vs. Md. Obaiduilah Khan 4 BLT (AD)- 128.

BANGLADESH RIFLES ORDER, 1972

 

BANGLADESH
RIFLES ORDER, 1972 (P.O. No. 148 OF 1972)

 

Article—11

Discharge
of B.D.R. personnel from service—When orders of discharge not sus-, tamable—The
orders of discharge having been passed after allegedly instituting disciplinary
proceedings and it being an admitted fact that the petitioners were all along
unaware of such proceedings and the procedure provided in law having not been
followed the impugned orders of discharge from service cannot be
sustained—Bangladesh Rifles (Special provisions) Ordinance (LXXXV of 1976) Ss.
6—8.

Md. Faziur
Rahman and others vs. Government of Bangladesh and others; 10 BLD (HCD) 65.

 

Bangladesh Rifles Order, 1972

 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.