EMPLOYEES OF STATUTORY CORPORATION

 

EMPLOYEES OF STATUTORY CORPORATION

 

Employees of a
Statutory Corporation, whether are entitled, second show cause notice—The
principle of natural justice whether implies that in the absence of statutory
rules, the delinquent employee must be given prior notice of the proceedings
against him.

The employees of a statutory corporation are not entitled, as
of right, to a second show cause notice against the proposed punishment unless
the statutory rules so provide There may, however, be cases where a second show
cause notice may be necessary, even though the rules may not so provide.

The principle of natural justice implies, in a case of
disciplinary proceeding against an employee that in the absence of statutory rules,
the delinquent employee must be given prior notice of title, proceedings against
him so that he gets an adequate opportunity to defend himself in the proceeding
— It follows, as an extension of this principle, that the delinquent employee
has a right to receive the charge against him, to submit a written reply to the
same within a reasonable period, to have the prosecution witnesses examined in
his presence and to cross-examine them. to adduce his own witnesses in support
of his defence, to inspect documents proposed to be used against him, generally
to have the enquiry conducted in his presence, to get a neutral enquiry by an
officer or committee who or members of which are not connected with the
prosecution and have no bias against him — The principle of natural justice is
not known to be extended to the requirement of the charge to contain the
proposed punishment or to be a second show cause notice to answer the proposed
punishment.

In Article 135 of Bangladesh Constitution, 1972, a person
holding any civil post in the service of the Republic is entitled to a second
show cause notice in the event of dismissal, removal or reduction in rank, but
that is a Constitutional protection given to them — This protection does not
extend to the employees of a statutory corporation on the ground of natural
justice This protection can only be extended by statutory rules.

Jamuna Oil Company. Limited and another Vs. S.K. Dey and another; I2BLD
(AD)14O

Ref: 29 DLR (SC) 39; 1 B.C.R.(AD) 142; 33 DLR (AD) 186; 33DLR
(AD) 315; 32DLR (AD) 46—Cited.

 

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