Bangladesh Institute of Management Karmachari Chakuri Probidhanmala, 2001 | Case Reference

Bangladesh Institute of Management Karmachari Chakuri Probidhanmala, 2001

Rule 38 Minor offence the writ- respondents imposed the major punishment upon the writ-petitioner by way of dismissal from service- The High Court Division found from the investigation report that at the time of arrival and departure, all staff including the higher officers of BIM were requested to put their signatures in the registry book of the security guard room as per instruction of the Director General of BIM. There were so many security guards in the said office, but the departmental proceedings were drawn only against the writ-petitioner which amounted to mala fide action. No witnesses corroborated the factual aspect. The High Court Division further found that for the minor penalties, one member enquiry committee was constituted as per rule 38 of the Service Rules, 2001. For this minor offence the writ-respondents imposed the major punishment upon the writ-petitioner by way of dismissal from service, the Rules did not provide such punishment for this kind minor offence. It appears to us that this is a clear case of using one security guard as scapegoat and ultimately removing the 'eye-sore' on an allegation of a petty offence of stealing 16 coconuts and 20 kg of fruit. In the light of the facts and circumstances, we do not find any illegality or infirmity in the impugned judgement. The appeal is dismissed. Bangladesh Institute of Management =VS= Abdul Hakim Akand, [6 LM (AD) 154]