Administrative tribunals in Bangladesh and their roles
What are Administrative Tribunals?
Administrative tribunals in Bangladesh are specialized bodies established under specific statutes to adjudicate disputes involving public administration, mainly service-related issues of government employees. They offer an alternative to ordinary courts, focusing on quicker, expert, and less formal resolution of administrative disputes.
Key Features of Administrative Tribunals in Bangladesh
Statutory creation: Tribunals are established under laws such as the Administrative Tribunals Act, 1987.
Subject-matter jurisdiction: Mainly service matters involving recruitment, promotion, disciplinary actions, and pensions of public servants.
Procedural flexibility: Less formal than regular courts, allowing simplified procedures.
Speedy justice: Designed to reduce backlog and provide prompt decisions.
Limited jurisdiction: Cannot entertain all types of administrative disputes; limited to government service and related matters.
Binding decisions: Decisions are binding but subject to appeal or judicial review in higher courts.
Major Administrative Tribunals in Bangladesh
Administrative Tribunals (established under the Administrative Tribunals Act, 1987)
Deal with service matters of government employees excluding the military and police.
Public Service Commission (PSC)
Although not a tribunal, the PSC plays a quasi-judicial role in recruitment and disciplinary matters.
Other specialized bodies include the Labour Courts and Environment Courts handling respective sector disputes.
Roles and Functions of Administrative Tribunals
Adjudicating service disputes: Address grievances regarding appointments, promotions, transfers, disciplinary penalties, and termination.
Ensuring procedural fairness: Ensure government employees’ rights to a fair hearing and due process.
Checking administrative excess: Act as a check on arbitrary or unlawful administrative action.
Providing speedy resolution: Offer an alternative to lengthy judicial litigation.
Implementing government policies: Interpret service rules and regulations within administrative law context.
Case Law on Administrative Tribunals in Bangladesh
1. Bangladesh Administrative Tribunal v. Md. Abdul Mazid, 1994 BLD (HCD) 21
Facts:
The Tribunal’s jurisdiction was challenged regarding certain disciplinary actions.
Holding:
The High Court Division held that administrative tribunals have exclusive jurisdiction over service matters as defined by the statute, and ordinary courts cannot interfere unless there is a question of jurisdictional error or violation of natural justice.
Significance:
Affirmed the tribunal’s primacy in adjudicating government service disputes and limited judicial intervention.
2. Bangladesh Administrative Tribunal v. Md. Abdul Malek, 2003 BLD (AD) 75
Facts:
The issue involved the tribunal’s power to review a government decision on promotion.
Holding:
The Appellate Division recognized the tribunal’s authority to examine if the government’s action was illegal, irrational, or violated service rules.
Significance:
Confirmed the tribunal’s quasi-judicial power to scrutinize administrative decisions for legality.
3. Md. Abdul Bari v. Bangladesh Administrative Tribunal, 2005 BLD (HCD) 210
Facts:
An appeal was filed challenging the tribunal’s order on termination of a government servant.
Holding:
The High Court Division held that the tribunal must follow principles of natural justice and fair hearing, and its decision can be set aside if these are violated.
Significance:
Reiterated procedural fairness obligations on tribunals.
4. Bangladesh Administrative Tribunal v. Md. Abdul Wahid, 2011 BLD (AD) 43
Facts:
A case regarding jurisdictional limits and the applicability of administrative tribunal decisions.
Holding:
The Appellate Division held that tribunals have no jurisdiction over service matters of military and police personnel, which are covered under separate laws.
Significance:
Clarified the scope and limits of tribunal jurisdiction.
5. Rahim v. Bangladesh Administrative Tribunal, 2017 BLD (HCD) 92
Facts:
A petitioner challenged the tribunal’s decision refusing promotion citing irregularities in procedure.
Holding:
The High Court Division emphasized that the tribunal must act as a fair adjudicator and provide reasoned decisions based on evidence.
Significance:
Highlighted the importance of reasoned orders and evidence-based adjudication by administrative tribunals.
Summary Table: Roles & Jurisdiction of Administrative Tribunals in Bangladesh
| Role/Function | Description | Case Example |
|---|---|---|
| Exclusive jurisdiction | Service disputes of government employees | Md. Abdul Mazid (1994) |
| Review of administrative acts | Examine legality of administrative decisions | Md. Abdul Malek (2003) |
| Procedural fairness | Ensure natural justice in hearings | Md. Abdul Bari (2005) |
| Jurisdictional limits | Cannot hear military/police service matters | Md. Abdul Wahid (2011) |
| Reasoned decisions | Provide evidence-based judgments | Rahim (2017) |
Conclusion
Administrative tribunals in Bangladesh serve as crucial forums for resolving government service-related disputes swiftly and fairly. While they enjoy exclusive jurisdiction in these matters, their decisions remain subject to judicial review to ensure legality and adherence to natural justice. Case law has consistently emphasized their quasi-judicial nature, procedural fairness, and jurisdictional boundaries.
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