What laws control Bangladeshi Administrative Tribunal Laws?
A dispute that pertains to or arises out of the terms and conditions of employment of personnel in the service of the republic or of any statutory public authority may be heard by a special court known as an Administrative Tribunal Laws. This kind of court is a specialized court. It is the responsibility of an administrative tribunal to play a significant part in ensuring that the actions of government officials are in accordance with the law.
It has been determined that Administrative Tribunal Laws are entities that exist outside of the hierarchy of the courts and have administrative or judicial powers as such; Administrative Tribunal Laws are a different body from the Courts of Bangladesh. One district judge serves as the only member of the panel in its entirety.
Administrative Tribunal Laws and High Court hear Writ Petitions
There is a common rule that civil workers are not allowed to present a Writ Petition to the Administrative Tribunal regarding the terms and circumstances of their employment with the republic when the tribunal is in session. This regulation was established so that civil servants could not do so. The writ petition cannot be maintained since it does not challenge the vires of the legislation (Government of Bangladesh and others vs. Santosh Kumar Shaha and others, 2016(1) lnj (ad) 61.
The Writ Petition on such service matter can also be entertained by the High Court Division if it is of the view that the alternative remedy before the Administrative Tribunal Laws is ineffective or that the Writ Petition can be entertained under the particular facts and circumstances of the case, notwithstanding the availability of alternative remedy before the tribunal (Abdul Wahab Sarker (Md). Vs. Bangladesh (Spl). 17 BLC (2012) HCD 355).
Only in the event that there has been some kind of violation of basic rights or there has been some kind of challenge to the vires of any legislation will the Writ Petition be admissible for topics that are relevant to the service of the republic.
Individuals working for the benefit of the Republic
It is necessary that we break down the meaning of “persons in the service of the republic or of any statutory public authority” in order to comprehend the circumstances under which a claim may be submitted to the Administrative Tribunal Laws. This will allow us to understand the circumstances under which a claim can be referred to the Administrative Tribunal Laws.
People who are fired, removed, or terminated from their positions in the service of the republic are also considered to be “persons in the service of the republic.” However, people who are serving in the defense services of Bangladesh are not included in this definition of “persons in the service of the republic.”
The Administrative Tribunal Laws Area of Jurisdiction
An Administrative Tribunal Laws has exclusive 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 the violation of fundamental rights, or in respect of 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) (Muslim Uddin Vs. Bangladesh (Spl), 64 DLR (2012) AD 161). On the other hand, in order to file an appeal with the Administrative Tribunal, a person must have been wronged in some way by an order issued by a higher authority.
In addition, if an order, decision, or action may be overturned, altered, or modified by a higher administrative authority under any legislation that is now in effect, then an application cannot be submitted to the Administrative Tribunal Laws about that order, decision, or action until the higher administrative authority has reached a judgment regarding the issue. Therefore, the first step is to make a request or appeal to a higher administrative authority against the decision, order, or action that was taken. After receiving the appeal or application from the party who was wronged, the higher administrative authority needs to make a decision within two months of the day on which they received it. After the time limit has passed, it will be presumed that the higher authority has denied the appeal or application for review, and an application may then be brought to the Administrative Tribunal after that.
As a result, an application to the Administrative Tribunal Laws should not be submitted while the person who feels wronged still has access to other potential solutions; rather, it should be reserved for after all other options have been exhausted.
Limits on the amount of time the Administrative Tribunal Laws may hear cases
Within six months of the date of making or taking the order, decision, or action concerned, or within six months of the date of making the decision on the matter by the higher administrative authority as the case may be, an application must be made to the Administrative Tribunal (Md. Nazimuddin Vs. Govt. of Bangladesh & Ors. 32 BLD (2012)-AD-47).
Who is permitted to bring a case before the Administrative Tribunals?
An administrative tribunal in Bangladesh is open to hearing cases from any government employee or public authority in the country. But before that, one must ensure that they meet all of the following requirements:
It was his responsibility to pursue any and all legal options open to him under the applicable service laws.
It is necessary for him to have locus standi in the case at hand.
Information that is required in order to submit an application to the Tribunal
Every tribunal petition must be written. Applying requires the following information and documentation:
- The name of the administrative body or court to which the application is being submitted.
- The name, description, and address of the person who is applying for the position.
- The opposing party’s name, a brief description of them, and their address.
- The occurrence that serves as the catalyst for the action.when and where the problem first appeared.
- The evidence presented demonstrates that the court is authorized to hear and decide the application.
- The relief that is being sought by the petitioner.
- Any aspect that the applicant plans to rely on while making their case.
- An applicant is required to pay a cost of 20 taka as well as an extra charge of 5 taka for each application that includes a court fee stamp that is attached to the application and signed by the applicant.
- Procedures to be followed when an application has been submitted to the Administrative Tribunal
The first step is to provide notice to the other party.
Following the submission of an application to the tribunal, the tribunal will send a notice to the opposing party, requiring that party to make a written statement to the tribunal. It is required that the applicant receive, by means of registered mail, a copy of the written statement.
Step 2: Disposal of the Application via the Procedure
After the expiration date determined for the filing of a written statement by the opposing party, the tribunal is required to set a date for the hearing of the application within fifteen days of the expiration date. The tribunal is required to provide a notice to both parties requesting that they appear before the tribunal on the day of the hearing with any documents that are required.
On the other hand, the application can be rejected by the tribunal if neither side shows up on the day it was scheduled for and if notice has been properly served. In the event that the applicant is present but the other party is not, the tribunal has the option of hearing the application ex-party. On the other side, the application can be thrown out of court if the opposing party shows up but the applicant does not.
Step 3: Make Your Choice
Following the consideration of the application, the judicial body is required to provide a written judgment, accompanied by an explanation of its reasoning, either immediately or at a later date.
The Authority and Responsibilities of the Administrative Tribunal
The following is a list of the primary powers and duties that the Administrative Tribunal Laws possesses:
Demanding and ensuring the presence of any individual you want. to investigate any individual under oath.
calling for the identification and presentation of any relevant documentation.
a request for a copy of a public order, which may be obtained from any agency.
requiring proof to be included in the affidavit
issuance of a commission to examine witnesses or documents.
Every procedure that takes place in front of the tribunal will be treated as if it were a judicial action.
In the event that members of the administrative appeals tribunal have differing opinions, the view of the majority is the one that will be upheld.
A court or other administrative body must have its sessions at a location that the government chooses.
During any hearing, if the chairman or any other member of the administrative appellate tribunal is unable to attend, the hearing may proceed in front of the remaining members.
An administrative tribunal has the authority to issue any order in writing to transfer any pending legal proceeding to another Administrative Tribunal Laws at any stage of the case.
The individuals serving on the Administrative Tribunal Laws or the administrative appellate tribunal have the authority to make any arrangements about the operation of the tribunal that they believe to be necessary.
The judgments and orders of the Tribunal have legal force and effect. Tribunal of Appeals for the Administration
The Administrative Tribunal Laws and the parties involved are required to comply with all judgments and orders issued by the Administrative Appellate Tribunal, provided only that these decisions and orders are subject to the decisions and orders issued by the Appellate Division.
Court of Administrative Appeals
The judgments and orders made by an Administrative Tribunal Laws are final and binding on the parties involved, with the exception of those made by the Appellate Division or the Administrative Appellate Tribunal, depending on the circumstances.
Limitation on the authority of the Courts
No actions, orders, or decisions made by a Tribunal will be open to challenge, review, or quashing in any court, nor shall they be subject to being called into doubt.
Tribunal of Appeals for the Administration
The Administrative Appellate Tribunal is available to hear appeals from anybody who feels they have been wronged. The administrative tribunal’s order or judgment may be appealed to the appellate tribunal, and the appellate tribunal has the authority to hear and decide on such appeals. Any judgment made by the Administrative Tribunal Laws is subject to review and possible confirmation, overturning, or modification by the appeal tribunal. The order that was handed down by the appeal panel is considered final and must be followed.
One person serves as chairman of the appeal tribunal, which also has two other members. A person who is eligible to serve as a judge on the Supreme Court or as an official in the service of the republic is required to hold the position of chairman. However, he or she cannot have a position in the government that is lower than that of an additional secretary. One of the other two members must be an officer serving in the armed forces of the republic with a rank that is at least equal to that of joint secretary. One of the members must be a district judge, and the other must be a judge of some kind.
The maximum amount of time allowed for appeals to Administrative Tribunal Laws
There is a period of time during which an individual must file an appeal with the Administrative Appellant Tribunals. Any individual who feels they have been wronged by an order or decision handed down by an Administrative Tribunal Laws has the right to file an appeal with the administrative appellate tribunal within three months of the date that such an order or decision was handed down.
If the appellant can convince the administrative appellate tribunal that he has adequate reason for not preferring the appeal within the three-month time limit, then the administrative appellate tribunal may accept the appeal after the three-month term has passed but not later than six months after the first deadline. In addition, a party has the option of petitioning the Appellate Division of the Supreme Court for permission to appeal the judgment of the Administrative Appellate Tribunal (in accordance with article 103 of the constitution).
The ability of the applicant’s legal representatives to go on with the procedure after the applicant has passed away
At one point in time, the Administrative Tribunal Laws statute did not provide legal counsel of a dead applicant the authority to continue the proceedings after their client had passed away. However, the Administrative Tribunal Laws[amendment] act has provided this privilege as such; it is one of the elements of the act that is most effective in serving humanitarian causes. If the applicant passes away while the case is still being heard, the applicant’s legal representatives have the right to go on with the procedures. This is the case if the applicant’s service was pensionable according to any legislation that was in effect at the time. In addition, if the order to dismiss or remove an employee is found to be unlawful, the applicant’s legal representatives have the right to collect the applicant’s pensionary benefits in the event that the applicant retires or passes away while still employed. Within sixty days of the day the applicant passed away, an application must be submitted to the Tribunal or, depending on the circumstances, to the Appellate Division in order for the legal representative of the dead applicant to be replaced as the applicant in the application process.
Provisions for penalties in relation to the Administrative Tribunal Laws
If a person disrupts the proceedings of a court without a valid cause, the tribunal that is presiding over the case has the authority to sentence that person to one month of simple imprisonment, a fine of five hundred taka, or both. In addition, the Administrative Appellate Tribunal will have the same powers as the High Court Division of the Supreme Court to penalize those who disobey its orders or otherwise disregard its authority.