PUBLIC SERVANTS (RETIREMENT) (AMENDMENT) ORDINANCE, 1981
(VI OF
1981)
Section —4
Government Servant—Compulsory retirement —
For validity of an order of compulsory retirement, Government must form an
opinion as to the necessity of retiring an employee in public interest — There
must be materials to support that the employee’s retirement is necessary in
public interest — Public Servants (Retirement) Act, 1974 (XII of 1974), S.
9(2).
A.K.M.
Arshad Ali Vs. Government of Bangladesh, 1BLD (HCD) 399
Ref:
1BLD (AD) 140 — relied.
Section — 5
Government Servant—Compulsory
retirement—Effect of validation clause on orders of compulsory retirement made
prior to the passing of the Ordinance.
There
must be objective satisfaction behind the order on the part of the Government
before the order of retirement may be considered as valid even under the
‘Amending Ordinance and by this validation only those orders are contemplated which
have been passed in the public interest after consideration of materials upon
which the Government. wants to retire the person concerned.
Arshad
Ali Vs. Govt. of Bangladesh, 1BLD (HCD) 399 –
Section—5
Administrative law — Power to examine
the validit. of action declared to be valid by Parliament — Effect of the
validation clause on orders of compulsory retirement made prior to passing of
the validating law — Constitution of Bangladesh, 1972, Article — 102.
Mofizur Ruhmna I(han Vs. Govt. of Bangladesh,
2BLD(AD)120
Ref
PLD I 970(SC)98; PLD 195 8(SC) 181—Cited.