SUPREME COURT OF BANGLADESH (HIGH COURT DIVISION) EMPLOYEES (DISCIPLINE AND APPEAL) RULES, 1983

Rule —2(1)

Authority—the power existed to the Deputy Register-in-charge for the routine works, but not for the particular purpose of framing the charge against an employee because rule 2(1) gives the Registrar such power as persona designata which  means a person considered as an individual in a legal action.

Supreme Court of Bangladesh Vs. Md. Shafiuddin 10BLT (AD)-50

Per Md. Ruhul Amin: It appears that the AAT was of the view that in proceeding against the respondent there was violation of the Rules since the 2’ Show cause notice was issued on the direction of the Chief Justice and in taking final decision for awarding punishment the same was not placed before the Chief Justice, but was considered by the Register (appellant) and finally he awarded the punishment. The fact being that it is the Registrar who is the competent authority in respect of the Respondent for taking disciplinary action and that the Registrar on consideration of the materials on record having made the decision for awarding punishment to the Respondent and having passed the order of removal the same in my view cannot be said to have been passed in violation of the Rules.

Supreme Court of Bangladesh Vs. Md. Shafiuddin 10BLT (AD)-50

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.