Rule-16(1) and B.S.R. Part-1

The Rules of the Janata Bank only provide for certain benefits as are admissible to a Government servant. But Rule 389 B.S.R. Part-1 has no legal application to Janata Bank employees.

Janata Bank Vs. Md. Shahalam Sarker 5BLT (AD)-211

Janata Bank Employees Service Regulations 1981 

Requirement—to record reasons

“When the review authority does not differ from the findings in the enquiry report or reports, it does not need give any independent reasonings of its own. It is only when the concerned authority differs, it has to give some reasonings which may not be elaborate.

Janata Bank & Ors. Vs Khandker Faruq Mahmood & Ors. 7BLT (AD)-293


Competent authority—the proceeding was instituted, the appointment of the Inquiry Officer was made, the charge sheet was framed, the inquiry was concluded and the second show cause notice was served all by and at the instance of the General Manager (Administration), while the order of dismissal was passed by the Board. The Assistant General Manager (Administration) only communicated and served notices etc.—the proceeding in question was held and the order of dismissal was passed by the competent authority.

Janata Bank Vs. Md. Mofazzal Hossain & Ors. 6BLT (AD)-241

Regulation No. 29(1)

Principles of Natural Justice At any rate, there was no obligation upon the review authority to accept the second enquiry report which was redundant—That apart, the second enquiry report has not vested respondent No. 1 with any legal right and such a report was not binding on the review authority either.

Janata Bank & Ors. Vs. Khandker Faruq Mahmood & Ors. 7 BLT (AD)-293.