In the instant ease the writ petitioners, who were employees of the Biman, therefore, fall well within the meaning of a “public servant” as defined in Section 2(d) of the Act and it is only the Government who had the power to retire them in exercise of the power under Section 9(2) of the Act.

Biman Corporation & Ors. Vs. L.C (Rtd) M Zainul Abedin & Ors. 9BLT(AD)-235

Section 9(2) read with

Bangladesh Biman Corporation Employees (Service) Regulations, 1979

Regulation- 11A(2)

Whether the respondents could he retired by the Bangladesh Biman Corporation from their services on
completion of 25 years of service under regulation 11A(2) of the Bangladesh Biman Corporation Employees (Service) Regulations. 1979 as amended by S.R.O. 56L/S4 dated 5 February 19S4 without assigning any reason.

Held: The respondents are clearly to be governed by Section 9(2) of the Act and not by the Regulations so far as the retiring authority is concerned.

Bangladesh Biman Corporation & Ors. Vs. Md. Yousuf Haroon & Ors. 10 BLT (AD)-22.