Palli Daridra Bimochon Foundation Employees Service Regulation, 2001 | Case Reference

Palli Daridra Bimochon Foundation Employees Service Regulation, 2001

Regulation 61(2)- Terminating service without show cause notice When a case can be decided without striking down the law but giving the relief to the petitioners that course is always better than striking down the law.

Where the requirement of serving show cause notice is specifically excluded by the service regulation or the contract of employment, it cannot be said that there is a breach of the principle of natural justice or that the action taken in terminating the service is arbitrary. Hence, we are of the view that regulation 61 (2) is not ultra vires the Constitution. However, the termination notice is not in accordance with regulation 61(2) and hence it is unlawful. ...Palli Daridra Bimochon Foundation =VS= Md. Jahangir Alam, [10 LM (AD) 22]