Rules of Business of Govt. of Bangladesh

 

Rules of
Business of Govt. of Bangladesh

 

Rule 4
clauses, I, II, III, IV and VII, The contents of these clauses of r. 4.

Clause
I of rule 4 of the Rules of Business says that no important policy decision
shall be taken except with the approval of the President. Clause II of rule 4
says that no policy decision taken by the President shall be varied without the
approval of the President. Clause ill of rule 4 says it shall be duty of the
Minister to aid and advise the President in the formulation of policy. Clause
IV of rule 4 says that a Minister shall remain responsible to the President for
policy matters concerning the Ministry. Clause VII of rule 4 says that the
Secretary shall be the official head of the Ministry and shall be responsible
for its administration and discipline and for proper conduct of business
assigned to it.

Shah
Azharuddin Ahmed Vs. Government of Bangladesh (1981) 33 DLR 171.

—The
President’s role is formulation of policy and making policy decisions— the
Ministers act in advising the President in this presidential role. Ibid.

 

Rule 4,
Clauses
IV and VIII

Ministers
have no legal authority to visit any Government office to ensure attendance of
the Government employees and to enforce disciplinary action, such as removing
an employee from service— This will amount to undue interference without
jurisdiction and abuse of authority. (Constitution of Bangladesh: Art 58(1)
read with rule 4, clause IV & VIII of Rules of Business of the Govt.)

The
Minister remaining responsible for policy matters concerning the Ministry under
Clause IV of rule 4 of the Rules of Business has no constitutional or legal
authority to visit any office of the Government for specific enforcement of
proper attendance of its employees and to initiate disciplinary action
specifically against any particular Government servant by a specific direction
in that regard; that will proper. amount to undue interference with the
executive administration of the Government in excess of jurisdiction and abuse
of authority.

Shah
Azharuddin Ahmed, Vs. Government of Bangladesh (1981) 33 DLR 171.

—Minister
paying surprise visit to the office which he has no lawful authority to do
followed by an order retiring an officer from service having acted illegally
and without lawful authority is liable to pay cost of the proceedings in Writ
Petition to the panic officer whose retirement has been found illegal. Ibid.

 

Rules of
Business—Sch. III item: 73- Where officer draws salary of Tk. 2100 and above.

The
petitioner is at officer of the Government drawing a salary in the scale of Tk.
2100-26(X). It was, therefore, necessary to place his case before the president
as required under item 73 of Schedule-Ill of Rules of Business.

Salahuddin
Khan Vs. Bangladesh (1982) 34 DLR 120.

—Delegation
of power should be made in specific ms—Order of suspension cannot be maintained
(Rules of Business. Sch. III; item 73.)

Whenever
there is a question of delegation of r by one authority to another, it must be
done specific and categorical terms and not impliedly a permissible to read it
by necessary implication. particularly when the rights of others are involved. Ibid.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.