Authority—the power existed to the Deputy Register-in-charge for the routine works, but not for the particular purpose of fraiming 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 I0BLT(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″d 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 deciplinary 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 10 BLT (AD)-50

Service jurisprudence

We like to observe that under the service jurisprudence when an employee is charge sheeted he is also put under suspension till conslusion of the inquiry proceedings. A Director, Managing Director or Chairman of a banking company does not serve under the Bangladesh Bank which has been merely entrustedwith the powers of supervision and control of the Banking companies under the provisions of the Banking Companies Act. 1991. So the requirement of formation of an opinion by the Bangladesh Bnak has been made before directing a Director. Chairman or Chief
Executive of banking company to refrain from performing functions of his office during the pendency of the enquiry proceedings against him for his removal from office under Section 46 of the Act. Such opinion must be formed neither on the basis of relevant materials on record and not fancifully without any such material nor on the basis of irrelevant materials. But such opinion need not be mentioned in he order communicated to Director, Chairman or Chief Executive of the Banking company.

Abdur Rahim Chowdhury Vs. Bangladesh Bank 8 BLT (HCD) 146.