GOVERNMENT SERVANTS ( DISCIPLINE AND APPEAL) RULES, 1985, CASES

Rule-2(b)

Petitioner was appointed by the Government the Ministry of Finance under the order of the President-respondent No. 1 the President of the Taxes Appellate Tribunal Division Bench No. 1 Dhaka-respondent No. 1 does not come within the definition “authority’ nor the respondent No. 1 is a superior officer of the appointing authority in the chain of command-the respondent No. 1 had no jurisdiction to start any departmental proceeding with regard to the conduct of the petitioner-an action has been taken in the form of departmental proceeding by the respondent No.1 who is not legally competent to do that. [Para-8 & 9]

Md. Shahjahan Hawlader Vs. Bazlur Rahman & Anr. 8 BLT (HCD)-223