Bangladesh Rifles (Special Provisions) Ordinance, 1976

 

Bangladesh
Rifles (Special Provisions) Ordinance, 1976 (Lxxxv Of 1976)

 

Section—6(2)

Though
the provision of section 6(2) is directory but the rule should be observed
strictly and the concerned authority should be very agile or vigilant to
complete disciplinary proceedings as early is possible preferably within the
time limit as contemplated in section 6(2) of the Ordinance because that would
be conducive of justice.

Md Forkan
Ali Vs Bangladesh, represented by the Secretary, Ministry of Home Affairs and
others, 20 BLD (HCD) 415

 

Section—6(2)

The
time limit as embodied in sub-section (2) of section 6 of the Ordinance appears
to be directory because that sub-section of the Ordinance itself enjoins upon
the BDR authority only to be vigilant in concluding the disciplinary
proceedings.

Since
consequence of non-compliance of the provision of time limit is not provided by
the legislature, there is thus intrinsic evidence in the section itself which
would indicate that the requirement of the fixation of time contained in
section 6(2) of the Ordinance is not mandatory.

Md. Forkan
Ali Vs Bangladesh, represented by the Secretary, Ministry of Home Affairs and
others, 20 BLD (HCD) 415