Water And Power Development Boards Order, 1972
Article 4(3) of P.O. No. 59 of 1972 there is a general power of the Government
to give directions to the Board. It says, “Each Board shall, in discharging its
functions, be guided by such direction as the Government may give from time to
the language employed in Article 4(3) it seems to be clear that the direction
that the Government may give from time to time to either the Water Board or the
Power Board in the discharge of their functions will be in the nature of
guidance which will be related broadly to policies and procedures. Article 4(3)
was never meant to be a provision for enabling the Government to interfere with
the day-to-day function of either Board in an individual case and in a
particular contractual matter between a Board and a contractor.
Bangladesh Water Development Board and another Vs M/s. Shamsul Huq and Co. Ltd.
and others, 20 BLD (AD) 41.
Water Development Board (Employees) Service Rules, 1982
21(b) provides that for promotion to other post, merit-cum-seniority shall be
sole priority. It is found that the petitioner’s serial number was 37 at the
time of issuance of the Rule and at present the serial number of the petitioner
is 9(nine), there is ample scope for the petitioner to be considered for
promotion in the future and there is no reason for him to be aggrieved at this
stage and as such the petitioner is not an aggrieved person within the meaning
of Article 102 of the Constitution.
Ali Khan Vs. Bangladesh Water Development board and others, 19 BLD (HCD) 182