Bangladesh Administrative Tribunal Laws:
This article will help you make the most of your experience with Administrative Tribunal Laws and how can you hire the best public administration law firm in Dhaka. . It will give you a clear idea of where you should file your claim regarding the injustice you are experiencing and how the process will work.
A special tribunal for resolving disputes relating to or arising out of the terms and conditions of persons in the service of the republic or any statutory public authority is known as an administrative tribunal. An administrative tribunal is essential for ensuring that the actions of government officials are legal.
Administrative tribunals have been defined as bodies outside of the court hierarchy with administrative or judicial functions; it is a separate body from the Courts of Bangladesh. A district judge serves as the tribunal’s sole member.
Administrative Tribunal and High Court Writ Petition
The general rule is that government employees cannot file a Writ Petition in front of the Administrative Tribunal concerning the republic’s terms and conditions of service. The writ petition is not maintainable in the absence of a challenge to the vires of the law (Government of Bangladesh and others vs. Santosh Kumar Shaha and others, 2016(1) lnj (ad) 61.
The High Court Division may also hear a Writ Petition on such a service matter if it believes that the remedy before the Administrative Tribunal is ineffective or that the Writ Petition can be heard under the particular facts and circumstances of the case, despite the availability of an alternative remedy before the tribunal (Abdul Wahab Sarker (Md) vs. Bangladesh (Spl. 17 BLC (2012) HCD 355).
The Writ Petition will be maintainable only for matters relating to the service of the republic when there is a violation of fundamental rights or a challenge to the legality of any law.
Persons in the Republic’s Service
To understand when a claim can be referred to the Administrative Tribunal, it is necessary to define “persons in the service of the republic or of any statutory public authority”.
A person in the service of the republic is a government employee who is or has retired, or who is dismissed, removed, or discharged from such service, but it does not include a person in Bangladesh’s defense services.
Administrative Tribunal Jurisdiction
An administrative tribunal has sole jurisdiction to decide an application made by a person relating to the terms and conditions of his service to the republic, including pension rights and violations of fundamental rights, or any action taken in relation to him as a person in the service of the republic (Muslim Uddin Vs. Bangladesh (Spl), 64 DLR (2012) AD 161). However, such a person must be aggrieved by any order of a higher authority before filing an application with the Administrative Tribunal.
Furthermore, no application to the Administrative Tribunal can be made in relation to an order, decision, or action that can be set aside, varied, or modified by a higher administrative authority under any law in force, until such higher administrative authority has made a decision on the matter.
As a result, an application or appeal against the decision, order, or action should be made to the higher administrative authority first. The higher administrative authority must make a decision within two months of the date of the aggrieved party’s appeal or application.
After the time limit has expired, it will be presumed that the higher authority has denied the appeal or application for review, and an application can then be made to the Administrative Tribunal.
Thus, an application to the Administrative Tribunal should be made only as a last resort when other alternative remedies are available to the aggrieved party.
Administrative Tribunal’s Time Limit
An application to the Administrative Tribunal must be made within six months of the date on which the order, decision, or action in question was made or taken by the higher administrative authority, as the case may be (Md. Nazimuddin vs. Govt. of Bangladesh & Ors. 32 BLD (2012)-AD-47).
Who is eligible to file a claim with the Administrative Tribunals?
Any government employee or public authority in Bangladesh has the right to file a lawsuit with an administrative tribunal. However, one must first meet the following requirements:
He should have pursued all available remedies under service laws.
He must have locus standi on the subject.
Information needed to file an application with the Tribunal
Every application to a tribunal must be submitted in writing. An application must include the following information:
- The tribunal to which the application is addressed.
- The applicant’s name, description, and address.
- The opposite party’s name, description, and address.
- The event that is the catalyst for the action.
- When and where it occurred.
- The facts demonstrate that the tribunal has jurisdiction to hear the application.
- The applicant’s requested relief.
- Anything the applicant intends to rely on.
- An applicant must pay a fee of taka 20.00 and an additional fee of taka 5.00 for each application, which must be accompanied by a court fee stamp and signed by him.
- Following the filing of an application with the Administrative Tribunal
Step 1: Inform the opposing party
Following the filing of an application with the tribunal, the tribunal shall notify the opposing party and direct him to submit a written statement. A copy of the written statement must be mailed to the applicant via registered mail.
Step 2: Application disposal procedure
The tribunal will set a hearing date for the application fifteen days after the deadline for the opposite party to submit a written statement. The tribunal shall send a notice to both parties requesting that they appear at the tribunal on the date of hearing with all necessary documents.
However, if neither party appears on the scheduled date and notice has been properly served, the tribunal may dismiss the application. If the applicant appears but the opposing party does not, the tribunal may hear the case ex parte. If, on the other hand, only the opposing party appears, the tribunal may dismiss the application.
Step 3: Make a decision
After hearing the application, the tribunal shall render its decision in writing, with reasons, either immediately or at a later date.
Administrative Tribunal’s Authorities and Functions
The administrative tribunal’s primary powers and functions are as follows:
- Any person can be summoned and forced to appear. To put anyone under oath.
- Any documents must be discovered and produced.
- Request a public order or a copy of one from any office.
- requiring affidavit evidence
- Issuing a commission to examine witnesses or documents.
- Any proceeding before the tribunal is considered a judicial proceeding.
- If the members of the administrative appellate tribunal disagree, the majority rule applies.
- A tribunal shall meet at a location determined by the government.
- If the chairman or any other member of the administrative appellate tribunal is unable to attend a hearing, the hearing may be continued in front of the remaining members.
- At any stage of the proceeding, an administrative tribunal may issue a written order transferring any suit to another administrative tribunal.
- Members of the administrative tribunal or administrative appellate tribunal may make any arrangements they deem necessary for the tribunal’s performance.
- Tribunal decisions and orders have binding effect.
Appellate Tribunal for Administrative Law
All decisions and orders of the Administrative Appellate Tribunal are binding on the Administrative Tribunals and the parties involved, subject to the decisions and orders of the Appellate Division.
Subject to the decisions and orders of the Appellate Division or the Administrative Appellate Tribunal, all decisions and orders of an Administrative Tribunal are binding on the parties involved.
Courts’ jurisdiction is limited.
No Tribunal proceeding, order, or decision may be challenged, reviewed, quashed, or called into question in any Court.
Appellate Tribunal for Administrative Law
Any person who feels wronged may file an appeal with the Administrative Appellate Tribunal. The appellate tribunal has the authority to hear and decide appeals from any administrative tribunal order or decision. Any decision of the administrative tribunal may be confirmed, set aside, or modified by the appellate tribunal. The appellate tribunal’s decision is final and binding.
The appellate tribunal is made up of one chairman and two other people. The chairman must be a person qualified to be a Supreme Court Justice or an officer in the service of the republic. He/she cannot, however, be a government official lower in rank than an additional secretary. One of the other two members must be a republican officer with a rank higher than joint secretary. The other member will have to be a district judge.
Administrative Appellant Tribunals have a time limit.
In addition, there is a time limit for filing an appeal with the Administrative Appellant Tribunals. Any person who is dissatisfied with an administrative tribunal’s order or decision may file an appeal with the administrative appellate tribunal within three months of the date of the order or decision.
The administrative appellate tribunal may admit an appeal after three months but no later than six months if the appellant shows that he had sufficient cause for not filing the appeal within three months. Furthermore, a party may apply to the Supreme Court’s Appellate Division for leave to appeal (i.e., under article 103 of the constitution) against the Administrative Appellate Tribunal’s decision.
The right of the deceased applicant’s legal representatives to continue the proceeding
Initially, the Administrative Tribunal Act did not grant legal representatives of the deceased applicant the right to continue the proceedings. However, the Administrative Tribunal [Amendment] Act has granted this right; it is one of the most effective provisions of the act in serving humanitarian causes. If the applicant dies during the pendency of the case and his service was pensionable under any law in force at the time, the legal representatives are now entitled to continue the proceedings.
Furthermore, if the order of dismissal or removal is declared illegal, the applicant’s legal representatives are entitled to pensionary benefits if he retires or dies while in service. The deceased applicant’s legal representative may be substituted upon application to the Tribunal or, as the case may be, the Appellate Division within sixty days of the applicant’s death.
Administrative Tribunal Penalty Provisions
A tribunal has the authority to punish anyone who obstructs any proceedings without a lawful excuse with one month’s simple imprisonment or a fine of five hundred takas, or both. Furthermore, the Administrative Appellate Tribunal, like the High Court Division of the Supreme Court, will have the authority to punish for contempt of its authority.
FAQ table about Administrative Tribunal in Bangladesh:
|What is an administrative tribunal?
|An administrative tribunal is a specialized court or forum that deals with disputes and complaints related to government administration and public service.
|What types of cases does an administrative tribunal in Bangladesh hear?
|Administrative tribunals in Bangladesh hear cases related to service matters of government officials, including matters of discipline, termination, and promotion.
|Who can file a case in an administrative tribunal in Bangladesh?
|Service matters of government officials, including matters of discipline, termination, and promotion.
|What is the process for filing a case in an administrative tribunal in Bangladesh?
|The process for filing a case in an administrative tribunal in Bangladesh typically involves submitting a complaint or petition to the tribunal, along with any relevant documents and evidence. The tribunal will then schedule a hearing and consider the case based on the evidence presented.
|How long does the process of an administrative tribunal in Bangladesh take?
|The duration of the process varies depending on the complexity of the case and the availability of the tribunal. Typically, it can take several months to a year for a case to be resolved.
|Can the decision of an administrative tribunal in Bangladesh be appealed?
|Yes, the decision of an administrative tribunal in Bangladesh can be appealed to a higher court, such as the High Court Division of the Supreme Court of Bangladesh.
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