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