Tuesday, November 13, 2012

Rights in the constitution:Can a military person be 'aggrieved person' under the provision of article 102 of Bangladesh constitution?


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.

No comments:

Post a Comment