Regulation-42, Clause-8 read with General Clauses Act, 1897 Section-6
Clause (8) of regulation 42 is a matter of simple procedure. The forum and also time for institution of proceeding or concluding the same are only questions of procedural law for they relate merely to the modes in which the court or the tribunal fulfils their function. It does not invest an incumbent with any vested right. It is well settled that any procedural law is retrospective in its operation. Therefore, a subsequent omission by way of amendment in a procedure cannot be of any consequence in respect of the proceeding against the appellant. Secondly, Section 6 of the General Clauses Act contemplates repeal of an Act and not of a regulation under the rule making power. Admittedly, in the instant case, whatever alteration was made it was made in respect of a regulation.
Chowdhury Nasimul Baqui Vs. Bangladesh Steel & Eng. Cor. & Ors. 9 BLT (AD)-39.
BSR Part-1 Note-4 of Rule-72
It appears from the judgment of the Administrative Appellate Tribunal that the respondent was honorably acquitted by the review forum after finding that the charges were baseless and groundless and recommended for his reinstatement ,in the Service. The review forum further observed that the respondent -has been honorably acquitted from the charges and as such he is entitled to pay and allowances for the period of absence from his service as per Note-4 of Rule-72 of BSR Part- I. A reference to Note- 4 of Rule-72 shows that ‘the period of absence of Government servant on reinstatement in ‘service after wrongful retirement shall be treated as a period spent on duty and he will be entitled to pay and allowances admissible under clause (a) of this rule” Clause (a) of Rule 72 speaks that in case of honorably acquittal the incumbent is entitled to full pay to which he would have been entitled if he had not been dismissed or removed or suspended. In that view of the matter the Administrative Appellate Tribunal rightly held that the respondent is entitled to the arrear pay and allowances.
Govt. of Bangladesh vs. A. M. Nurunnabi 9BLT (AD)-224.