The Constitution
provides for services consisting of civil and military posts in order to
maintain the continuity of the executive government. The terms and conditions
of service of the persons holding military posts are determined by laws made in
terms of Article 62 and, in the absence of such laws, by rules made by the
President. However, the tenure of service of a holder of a military post is
subject to the pleasure of the President (Art. 134). Similarly the civil
officers hold office during the pleasure of the President, but Article 135
stipulates that holders of the civil posts shall not be dismissed, removed or
reduced in rank by an authority subordinate to that by which they were
appointed and shall not be so punished until they have been given reasonable
opportunity of showing cause as to why an action should not be taken. The terms
and conditions of service of the holders of civil posts are to be determined by
Jatiya Sangsad by law and until such law is made, the President makes rules in
this regard (Art. 133). In case of disputes relating to the terms and
conditions of service, the holders of civil posts may seek remedy from Administrative Tribunal
constituted by law pursuant to Article 117, and no court including the High
Court Division has any jurisdiction to entertain any complaint in matters over
which the Administrative Tribunal has jurisdiction. The only exception to this is
where a member of the civil service complains of violation of his fundamental
right by any law or instrument having the force of law. Appeal lies to the
Administrative Appellate Tribunal from the decision of the Administrative
Tribunal, and on leave granted by the Appellate Division of the Supreme Court,
appeal lies in the Appellate Division from the decision of the Administrative
Appellate Tribunal.
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