Administrative Tribunals in Bangladesh

Administrative Tribunals in Bangladesh

Administrative Tribunals in Bangladesh are specialized judicial bodies that hear and resolve disputes relating to the terms and conditions of service of public servants. These tribunals function separately from the regular civil courts and provide a mechanism for quicker and more expert adjudication in public service matters.

Legal Framework

• The Administrative Tribunals Act, 1980
• The Constitution of Bangladesh – Article 117

Article 117 of the Constitution empowers the Parliament to establish administrative tribunals and bars the jurisdiction of the regular courts over service matters that fall under the tribunals.

Purpose of Administrative Tribunals

The main purpose of establishing Administrative Tribunals is to:

• Provide a special forum for civil servants to challenge disciplinary actions or service-related grievances
• Ensure faster disposal of service matters
• Reduce the burden on civil courts
• Maintain uniformity in service jurisprudence

Jurisdiction of Administrative Tribunals

Administrative Tribunals have exclusive jurisdiction over disputes related to:

• Recruitment
• Promotion and demotion
• Termination, dismissal, or removal from service
• Disciplinary proceedings
• Pension, salary, and other service benefits

The jurisdiction is limited to persons in the service of the Republic or statutory public authorities.

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Who Can File a Case?

Only government or statutory body employees (civil servants) can file cases before the Administrative Tribunal. This includes:

• Officers and employees of ministries and departments
• Statutory corporations and public bodies
• Autonomous government organizations

Private employees are not eligible to seek remedies through the Administrative Tribunal.

Structure of Administrative Tribunals

There are two tiers:

1. Administrative Tribunal (First Instance)

• Located in Dhaka (and sometimes regionally)
• Headed by a District Judge-level officer appointed by the government

2. Administrative Appellate Tribunal

• Located in Dhaka
• Hears appeals from the decisions of the Administrative Tribunal
• Headed by a Chairman (a retired High Court Judge) and members appointed by the government

Procedure of Filing a Case

Step 1: Serve Notice (if required)

In most cases, the aggrieved employee must first appeal to the employer or authority concerned for redress.

Step 2: File Case in Administrative Tribunal

• File within 6 months from the date of the cause of action or decision
• Submit a written application with:
  • Statement of facts
  • Grounds for relief
  • Relevant documents
  • Proof of earlier departmental appeal (if any)

Step 3: Hearing and Decision

• The Tribunal issues notice to the respondent (government authority)
• Hears both parties and passes a reasoned judgment
• Tribunal may grant relief such as reinstatement, promotion, or compensation

Step 4: Appeal to Administrative Appellate Tribunal

• Appeal must be filed within 30 days of the decision of the lower Tribunal
• The decision of the Administrative Appellate Tribunal is final and binding

Bar on Jurisdiction of Civil Courts

Article 117(2) of the Constitution states:

“No court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of an administrative tribunal.”

Therefore, civil courts including the High Court cannot hear service matters, except on grounds of constitutional review (writ jurisdiction under Article 102) in exceptional cases such as:

• Violation of fundamental rights
• Lack of jurisdiction
• Malice in law

Limitations and Criticisms

• Only civil servants can file; contractual and private employees are excluded
• Cases are often delayed despite the intent of speedy disposal
• Tribunals are sometimes viewed as lacking judicial independence
• There is no further appeal beyond the Administrative Appellate Tribunal, except on writ jurisdiction grounds