The Administrative Tribunal has the exclusive jurisdiction to hear and determine applications made by a person in the service of the ‘Republic or of any statutory public authority in respect of the terms and conditions of his service. So, the Administrative Tribunal has no jurisdiction to entertain any application filed by a person who is or who has not been in the service of the Republic or of any statutory authority specified in the schedule to the Act.
In the case of Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, it was held that the Administrative Tribunal and the Administrative Appellate Tribunal has been established with limited jurisdictions and limited power. The Tribunal gratuitously granting relief acts in excess of its jurisdiction.
The person affected by the decision of the higher authority must make an application before the higher authority. After having the decision of the higher administrative authority under any law enforced for the time being any person aggrieved may make an application to the Administrative Tribunal within six months of the decision of the higher authority. It should be borne in mind that the person making such application shall wait for only two months for the decision of the higher authority. If he does not get the decision within two months then he may go to the Administrative Tribunal. In the case of Abul Bashar Vs. Investment Corporation of Bangladesh and another, it was held that the petitioner cannot have the benefit of section 14 of the Limitation Act while computing the period of limitation in filing application before the Administrative Tribunal.
In case of dismissal, the financial benefit during the period of dismissal cannot be claimed as a matter of right when such dismissal is set aside on the procedural defect as to show cause notice.83 Question of payment of subsistence to the government servant during suspension, relates to terms and conditions of service within the jurisdiction of the Administrative Tribunal The remedy against the orders to transfer lies before the Administrative Tribunal and not under Article 102 of the Constitution.85
In the case of DGM, Rupali Bank vs. Shah Jalal, it was held that the Tribunal shall have no power to entertain an application unless it is filed within six months of the impugned order. In the instant suit the impugned order was made 4 years earlier than the date of incorporation of the petitioner bank in the schedule to the Act. Consequently the cause is beyond the jurisdiction of the Tribunal. That being so, the suit does not come within the mischief of Article 117.
For legal remedies in service matters civilian employees in Defence Services can well invoke the jurisdiction of the Administrative Tribunal.
In abovementioned matters i.e. to hear and determine applications made by a person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service, the civil courts have no jurisdiction. The jurisdiction of the civil Court having been vested in the Administrative Tribunal by the promulgation of’ special statute the jurisdiction of civil court in respect of Bank employees has been ousted, and in that view of the matter, the plaint was rightly returned by the civil Court for presentation to the proper Tribunal having jurisdiction.
All decisions of the Administrative Appellate Tribunal shall be binding on the Administrative tribunals and the parties concerned; subject to the decision of the Administrative Appellate Tribunal the decision of the Administrative tribunals shall be binding on the parties.
Besides, the Administrative Tribunals have powers to impose imprisonment for the obstruction of duties of the Administrative tribunals which may extend to one month or fine which may extend to five hundred taka.
The Administrative Tribunal can strike down an order for violation of natural justice and for infringement of fundamental rights but it cannot strike down any bar or rule on the ground of its constitutionality. Duty of Court is to see the right given under Article 102(1) is not frittered away or misused.
Such Tribunal cannot entertain any application by the aggrieved party unless his appeal before the competent authority is disposed of. This legal bar cannot be overcome unless the appeal pending before the Government is disposed of. It is not known why Government respondent is shockingly slow in the matter of taking decision in the petitioner’s appeal. The Rule upon the government is therefore made absolute with the direction to dispose of the appeal within 30 days.
The Administrative Tribunal has no power to grant interim relief in respect of a case pending before it for final adjudication.
Appellant was reinstated in service in pursuance of a civil Court’s decree passed before the commencement of the Administrative Tribunals Act, 1980. The subsequent claim for arrear pay and seniority etc. is not a claim arising out of the cause of action of the civil Court decree. Such claim arises out of a fresh cause of action after the Administrative Tribunals Act came into force and for that jurisdiction of Administrative Tribunal can well be invoked.
Administrative Tribunal has exclusive jurisdiction to decide disputes relating to the terms and conditions of service including seniority and promotion of the person in the service of the Republic. When the dispute involves determination of the constitutionality of any law or any notification the jurisdiction of the tribunal is ousted. In such a case this mixed question of dispute can well be decided by the High Court Division in its writ jurisdiction under article 102 of the Constitution.
Promotion being part of the terms and conditions of the service a grievance in respect of the same undoubtedly falls within the exclusive jurisdiction of the Administrative Tribunal.
When the first departmental proceeding ended merely on technical ground, subsequent proceeding on self-same or fresh additional charge is not barred in law and such a proceeding does not amount to double jeopardy.
When an Administrative Tribunal is set up no Court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such Tribunal. When by a statute authority is vested in another Tribunal with exclusive power over any subject matter, a civil Court, ceases to have any jurisdiction to try such suit having jurisdiction.
Again, to implement the judgment of the Appellate Division, one cannot go to the Administrative Tribunal or the Administrative Appellate Tribunal.
The term “person aggrieved” as used in our Administrative Tribunals Act, 1980 has narrower connotation than that of the similar term used in the counter part enactment of the Indian Jurisdiction. The legal heirs of the deceased servant thus cannot maintain an application before the Administrative Tribunal.
A person who died while in service cannot be dismissed or discharged or removed from service. Therefore the legal heirs of the deceased servant who are legally entitled to the pensionary benefits can seek their remedies in the writ jurisdiction of the High Court Division.