Business of Govt. of Bangladesh
clauses, I, II, III, IV and VII, The contents of these clauses of r. 4.
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.
Azharuddin Ahmed Vs. Government of Bangladesh (1981) 33 DLR 171.
President’s role is formulation of policy and making policy decisions— the
Ministers act in advising the President in this presidential role. Ibid.
IV and VIII
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.)
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
Azharuddin Ahmed, Vs. Government of Bangladesh (1981) 33 DLR 171.
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.
Business—Sch. III item: 73- Where officer draws salary of Tk. 2100 and above.
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.
Khan Vs. Bangladesh (1982) 34 DLR 120.
of power should be made in specific ms—Order of suspension cannot be maintained
(Rules of Business. Sch. III; item 73.)
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.