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K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..

Category: Employment/Service Law | Date: | Hits: 82

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......rit petitioner No.3 got 16th position, writ petitioner No.4 failed in the interview i. e. did not secure qualifying marks, writ petitioner No.5 got 22nd position, writ petitioner No.6 failed in the examination held by PSC and that PSC makes the selection on the basis of merit and in the instant ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......th two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17.08.1998 their services were confirmed with eff......wo others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17.08.1998 their services were confirmed with effect ..

Category: Employment/Service Law | Date: | Hits: 80

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......s selected by the Selection Committee of its own promoted Respondent No.3, that Respondent No. 4 while in service in viola­tion of the Rules and Regulations of the Board appeared in the S. S. C examination held under the Board as a regular student and that in spite of bad service record he h..

Category: Employment/Service Law | Date: | Hits: 54

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....h­er and are disposed by this single judgment. 2. The Civil Appeal No. 99 of 1998 arises out of leave granted in Civil Petition No. 268 of 1988 from the judgment and order dated October 27th, 1997 Passed by the High court division in writ petition No. 26 of 1994 discharging the rule a......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......hstanding anything contained in any other Law, Rule or Regulation relating to the terms and conditions of service of a Govern­ment servant, two Screening Boards shall be established for scrutiny and examination of the conduct of the Government servants. The Constitution of the Board need not be men..

Category: Employment/Service Law | Date: | Hits: 72

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......pon he was warned by the memo dated May 25, 1992 but there was no charge in his behaviour, (c) that in spite of repeated direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant w..

Category: Employment/Service Law | Date: | Hits: 92

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......hat of the appellant was placed before a selection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive En­gineer. The selection board upon examination of the A.C.Rs and other service record of three Assistant Engineers found respondent No...

Category: Employment/Service Law | Date: | Hits: 89

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......hat the plaintiff en­gaged himself in a contract business during his period of unauthorised absence. Our attention is drawn to the deposition of the plaintiff wherein as P.W.1 he has stated in cross-examination that he had to under­take a subcontract to maintain his family as his pay was very negl..

Category: Employment/Service Law | Date: | Hits: 103

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......or which the plaintiff was charge sheeted as to show cause why disciplinary action should not be taken against him inclu­ding dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plain­tiff eventually found the appellant gui..

Category: Employment/Service Law | Date: | Hits: 92

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ming in revision the decree pas­sed concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as Se­nior Account Assistants. In the list prep..

Category: Employment/Service Law | Date: | Hits: 97

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......r to select and so to discriminate. Pre­sumption of constitutionality, no doubt, attac­hes to every piece of legislation, he submitted but such presumption cannot make a law cons­titutional if, on examination of such law, element of discrimination was discovered in it. 14. Apart from the chal..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......the nominees of the Corporation and the Burmah Oil Co. Ltd. 43. The learned Counsel for the respondent-Company also submitted the Annual Report of the Company for the year ended June, 1978 for our examination. From their he wanted to show that the affairs of the Com­pany are run and managed like..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......aurant there. The TV set was presented to his children in 1975 by his mother-in-law. Documents in support of the facts stated by the respondent in his explanation were also put in. He also prayed for examination of certain witnesses for proving his innoce­nce. 4. The respondent’s grievances w..

Category: Employment/Service Law | Date: | Hits: 102

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......s may be accompanied by ano­ther University employee and the officer of the Committee of Inquiry shall give the delinquent all reasonable facilities for the conduct of defence including the cross-examination of witnesses. (d) At such an inquiry a definite charge in writing shall be framed an..

Category: Employment/Service Law | Date: | Hits: 109

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 .......................................................................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for the purpose of training and no..

Category: Employment/Service Law | Date: | Hits: 103

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......foil of the Pay Order book shows that the same was issued for Tk.39,000/- only. 14. Regarding the aforesaid charge sheet dated 03.05.1998 the plaintiff-petitioner in his evidence (in cross-examination) stated that he admitted the charges made in the charge sheet dated 03.05.1998(03/05/19..

Category: Employment/Service Law | Date: | Hits: 78

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ion by holding that the records did not show that the appellant ever wanted to cross-examine the witnesses and in this view it was held that it could not be said that he was denied the right of cross-examination of the prosecution witness. In this view of the matter the High Court Division discharge..

Category: Employment/Service Law | Date: | Hits: 70

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ...... the appellant was merely taken back in ser­vice which neither indicates whether he was reinstated or re employed. Since the Office Order was treated as an order of reinstate­ment, the matter on re-examination was sought to be regularised by issuing the impugned order. The learned Additional Attor..

Category: Employment/Service Law | Date: | Hits: 77

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

....978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ...... not cause any violation of the principles of na­tural justice. The learned Judges held that for taking disciplinary measures against a delinquent officer in the absence of any statutory rule making examination or cross-examination of witnesses or giving personal hearing to the delinquent officer m..

Category: Employment/Service Law | Date: | Hits: 72