Navy Rules, 1961

 

Navy Rules,
1961 

Rule 14(5)–

The Rule
excludes the application of principle of audi alteram partem. The President’s
Order under the Rule is not justifiable. Once the petitioner was retired from
his service in the Navy the question of omission of the words “in the
public interest” becomes irrelevant.

In view of
the nature of the job the naval personnel’s function, this law cannot be termed
as unreasonable and it does not suffer from legal or constitutional infirmity.
The supreme command of the defence services of Bangladesh vests in the
President and all defence personnel hold office during the pleasure of the
President. As a Rear Admiral the petitioner was a flag officer, and as a flag
officer he was eligible for the post of the Chief of Naval Staff. When the
petitioner was retired from his service as a Rear Admiral in the Navy his right
to hold on to the post of the Chief of Naval Staff came to an end.

Rear Admiral
AS Mustafa vs Bangladesh 46 DLR (AD) 43.

 

NAVY RULES, 1961

 

NAVY RULES, 1961

 

Rule — 14(5)

Presidents authority to retire—Rule
14(5) authorises the President to retire any officer at any time without
assigning any reason whatsoever. The President is found to have power to retire
the Chief of Naval Staff at any time in the public interest.

Rear
Admiral A.A. Mustafa Vs. The Secretary, Ministry of Defence, I2BLD (HCD) 646.

Ref:
18 DLR(SC) 42; AIR. 1972(AlIj 396; 1969 Cr1. Li. 930; — Cited.

The
above case has been affirmed by the Appellate Division, reported in 14 BLD (AD)
16.]

 

Principle of natural justice

The
petitioner being in the service of the Republic as an officer of the defence
service. the benefit of the principle of natural justice is not available to
him in case of his retirement.

Rear
Admiral A.A. Mustafa Vs. The Secretary, Ministry of Defence, I2BLD (HCD) 646

Ref:
18 DLR (SC) 422; A.I.R. 1972(All) 396: 1969 Cr1. L.J. 930.

 

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