Bangladesh & Others Vs. A.K.M. Zahangir Hossain & Others [1981 1 BLD (AD) 378] & [34 DLR (1982) 173]
Whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of violation of any statutory rules governing their service condition.
Court | Appellate Division |
Case Name | Bangladesh & Others vs. A.K.M. Zahangir Hossain & Others |
Citation | 1981 1 BLD (AD) 378; 34 DLR (1982) 173 |
Petition No | C. A. 134 of 1978. 39 and 125 of 1979 |
Date of Decision | 21.10.1981 |
Name of the Parties | A.K.M. Zahangir Hossain, Mokaddas Ali, S.M. Khalilpur Rahman, Dhirendera Nath Sarker |
Matter | The question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of violation of any statutory rules governing their service condition. |
Factual Background | |
Ratio |
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Important discussion | |
Direction | |
Decision | A member of any disciplined force, if aggrieved by an order of a court or tribunal established under law relating to the disciplined force, is debarred from invoking the writ jurisdiction, subject to the rule laid down by this Division in the case of Khondker Ehteshamuddin @ Iqbal in that the order is coram non judice or malafide. The remedy provided under Article 102 of the Constitution, in an appropriate case, may be invoked by a member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank of compulsorily retired. |
Full Judgment |
