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The Role of Speedy Trial
Tribunal in Administration of
Justice
Collected by BdLawSourcecom
2
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Preface
The administration of judicial or justice delivery system in Bangladesh is time
consuming and un-affordable to the poor people. A case usually takes about ten
to twenty years on average from date of filing to date of judgment. Our district
court judges are the administrator of the district court, responsible for managing,
scheduling and delivering decisions. ustice delayed justice denied is one of the
principles of e!uity. "ublic confidence in our legal system is lost. Our former #aw
$inister Barrister $oudud Ahmed in a recent workshop said that our present
judicial system is old, traditional and corrupt and needs reform. %e informed that
a total of Ten million &'(, )*, *+,- cases are now pending in different courts of
the country and under e.isting procedure hundred years will be re!uired for
disposal. The breakup of this backlog is/ 0,'0( cases in the Appellate 1ivision of
the 2upreme 3ourt4 5, 67, 600 cases in the %igh 3ourt 1ivision, *, 00,,5) civil
cases and ',,()' criminal cases in the udges courts and 6, '(, )(6 cases with
$agistrate courts and '',++0 cases with $etropolitan $agistrate courts.
8ndependence of judiciary, amendment of e.isting laws, alternative dispute
resolution, case management by judges, court administration by court
administrators - are a few recommendations came from our donors and
development partners.
9ecently the government under its legal reform programme has enacted 2peedy
Trial Tribunal Act, 6++6 and formed si. speedy trial tribunals for early settlement
of certain cases. This is the century of speciali:ation, the world around us
developed and developing. ;e must move fast in accepting latest modern
technology of court administration and case management and not waste time
lagging behind.

The judiciary must play proactive role in meeting new issues, challenges and
developments and also must see that the disadvantaged and vulnerable groups in
society i.e. the poor, women and marginali:ed sections are not denied access to
justice either because they are not aware of laws or they are unable to bear the
financial or social costs of justice.
There are labour courts and labour appellate tribunals to decide labour disputes,
administrative tribunals and administrative appellate tribunal to decide service
disputes of public servants, income ta. appellate tribunal to decide income ta.
disputes, custom, e.cise and <AT Appellate tribunal to decide disputes regarding
custom and e.cise duties and <AT, court of settlement to decide disputes about
abandoned properties, special judges to try corruption cases against public
servants, special tribunals to try criminal cases under the 2pecial "ower Act 5'70
and =ari-o-2hishu =irjatan 1aman Adalats to decide cases of crimes committed
against children and women. To decide election disputes the election tribunals are
constituted with judicial officers. Other tribunals follow the some procedure.
>amily courts have been constituted with assistant judges to decide family
disputes. To decide money claims of the banks and other financial institutions
Artha 9in Adalats have been set up presided over by judges, and insolvency
courts have been set up presided over by district or additional district udges to
declare defaulting borrowers as insolvent. To try offences committed by children
below the age of 5( years, juvenile courts have been formed with the magistrates
and sessions judges, and juvenile courts follow the special procedure laid down in
the children?s Act.
8n this conte.t will focus on the administrative tribunal, and ta.es tribunal and
election tribunal functioning in Bangladesh.
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Introduction: urisprudentially, all human being are e!ual before the eyes of law
irrespective of race, se., colour, class or position in the society and are entitled to
have e!ual protection of law. The ordinary 3ourts of law are also set up to
establish this issue and more specifically, to settle disputes arising out between
individuals.
"erhaps the most important of the functions of the 2tate is that which it
discharges as the guardian or order4 preventing and publishing all injuries to
itself, and all disobedience to the rules which it has laid down for the common
welfare.
5
The framers of the 3onstitution of Bangladesh considered the importance of
tribunal with due care and there are as many as si.teen references regarding
@tribunalA in the 3onstitution.
6
Bangladesh inherited its legal system from Bnglish 3ommon #aw, where the issue
relating to administrative affairs are dealt by the ordinary 3ourts of law. 8n
contrast, in >rance there is a separate system. The 1roit Administratis with
council dA etat have separate hierarchy to decide all administrative disputes.
There are also instances of countries which adopted a mi.ed or combination of
both the system. Bangladesh, "akistan or 8ndia is the e.amples of countries
which adopt a mi.ed system.
Tribunals are mainly a twentieth-century phenomenon, for it was long part of the
conception of the rule of law that the determination of !uestions of law- that is to
say, !uestion which re!uire the findings of facts and the application of definite
legal rules or principles C belonged to the 3ourts e.clusively.
8t should be mentioned here that in international arena, there is Administrative
Tribunal of 8nternational #abour Organi:ation established in 5'67. 8n 5'*6, The
8nstitute of Agriculture established a tribunal. The Dnited =ations established its
own tribunal.
1
Holland, Sir Thomas Erskine; The Elements of Jurisprudence, p.3!
2
"rticles 3#$2%, &', #2$2%, !!$e%, 1(2$#%, 1(3$&%, 1(' and 11. There are also references of the word
)tribunal* in the +ourth Schedule to the ,onstitution of -an.ladesh, 1'2.
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Chapter One
Definition of Tribunal: 8t is not possible to define the word @tribunalA precisely
and scientifically. The word @TribunalA is derived from the word @tribuneA. 1ictionary
meaning of the word @tribuneA is a magistrate of 9epublican "eriod of 9ome
elected by the 9oman "lebeians to defend their right4 a champion of popular
rights4 a name for a newspaper4 a platform for speaking from4 a raised area for
stand4 bishopAs stall or throne. Tribunal judgment seat4 3ourt of justice of
arbitration4 a body appointed to adjudicate in some matters. 8n common parlance
dictionary meaning of the word @tribunalA is @3ourt of justiceA or @seat of a udgeA.
Tribunal in the general sense is any person or institution with the authority to
judge, adjudicate on, or determine claims or disputes - whether or not it is called
a tribunal in its title. >or e.ample, an advocate appearing before a 3ourt on which
a single udge was sitting could describe that judge as ?their tribunal?. $any
governmental bodies that are titled ?tribunals? are so described to emphasi:e the
fact that they are not courts of normal jurisdiction. >or e.ample the 8nternational
3riminal Tribunal for 9wanda is a body specially constituted under international
law4 in Ereat Britain, Bmployment Tribunals are bodies set up to hear specific
employment disputes. "rivate judicial bodies are also often styled ?tribunals?. The
word ?tribunal? is not conclusive of a body?s function.
The word @tribunalA has not been defined in the 3onstitution of Bangladesh or in
relevant laws.
8n ordinary sense, it can be said that a tribunal means a body with judicial or
!uasi-judicial functions set up statutes, and e.isting outside the usual judicial
hierarchy of the 2upreme 3ourt. The tribunal as distinguished from the 3ourt,
e.ercises judicial power and decides matters brought before it judicially or !uasi-
judicially but it does not constitute a 3ourt in the technical sense.
*

The e.pression @tribunalA as used in Article 5+6&,- of the 3onstitution of the
"eopleAs 9epublic of Bangladesh does not mean the same thing as F3ourtG but
includes, within the ambit all adjudicating bodies, provided they are constituted
by the state and are invested with judicial as distinguished purely from
administrative or e.ecutive functions. 8n the case of Bangladesh vs. A. H. $.
ahangir %ossain,
0
after applying the principle of Fejusdem genericG the Appellate
1ivision held that the F3ourtG acts judicially and FtribunalG also acts judicially or at
least !uasi-judicially.
A tribunal is a judicial assembly4 a judicial authority within the ambit of 2ection
70&5- &ii- of the Bvidence Act, 5)76.
Chapter Two
3
/a0door Sabha 1s. Hind ,2cles 3td. "45 1'63
&
1'!2, 735 13 "7 at p.2(1
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Similarities between Tribunal and Court:
All tribunals are not 3ourts, though all 3ourts are tribunals. The word @3ourtA is
used to designate those tribunals, which are set up in an organi:ed state for the
administration of justice. The word @tribunalA is a wide import and the words
@3ourtA and @tribunalA embrace with them the e.ercise of judicial power in all its
term. @3ourtsA and @tribunalA act @judiciallyA in both senses and in the term @3ourtA
are included the ordinary and permanent tribunals and in the word @tribunalsA are
included all others which are not so included.
The tribunals, if not 3ourt, have got many of trappings of the 3ourt, a tribunal
when performs the functions of a 3ourt notwithstanding that it is tribunal, it is in
more or less a 3ourt and it has the power to decide and adjudicate the matter
with a judicial bent of mind and in accordance with law both substantive and
procedural.
After this above discussion it is clear that both the tribunals and 3ourts are
important tools in the administration of justice. There are some common features
between these two. 8n the case of 1urga 2hanker$ebta vs. 9aghuraj 2ingh
,
it
was the held that both the 3ourts and tribunals are constituted by the 2tate and
are invested with judicial as distinguished from purely administrative or e.ecutive
functions. They are both adjudicating bodies and they deal with and finally
determine disputes between the parties, which are entrusted to their jurisdiction.
The procedure followed by the 3ourts is regularly prescribed and in discharging
their functions and e.ercising their powers, the 3ourts have to conform to that
procedure. The procedure which the tribunals have to follow may not always be
so strictly prescribed, but the approach adopted by both the 3ourts and tribunals
is substantially the same, and there is no essential difference between the
functions that they discharge. Both the 3ourts and tribunals provide for appeal
and keep the provision of lawyers to defend parties. The basic and fundamental
feature, which is common to both the 3ourts and tribunals, is that they discharge
judicial functions and e.ercise judicial powers which inherently vest in a sovereign
2tate.
Dissimilarities between Tribunal and Court:
Though there are some common features between the tribunals and 3ourt but it
is not impossible to find out some distinct features between these two. There are
tribunals with many trappings of a 3ourt, which nevertheless are not 3ourts in
the strict sense of e.ercising judicial power.
8n the case of Bangladesh vs. A.H$ ahangir %ossain
(
it was held that there is a
distinction between a 3ourt and a Tribunal. The 3ourt has a clear and distinct
connotation whereas a tribunal assumes wide range of character. 8t may be a
udicial Tribunal and in between there are various ranges of adjudicating
authority, which are more often called administrative tribunals. But there is a
common element, the authority may be judicial or administrative, but the
#
"45 1#& S, #2(.
6
8pcit & 9.1&
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authority is to decide either a dispute or an offence, and it is to decide on fact and
apply the rules to them without considering e.ecutive policy.
>ry, # observed in the case of 9oyal A!uarium vs. "arkinson
7
that the word
@tribunalA is ambiguous, because, it is not like @3ourtA with any ascertainable
meaning in Bnglish #aw. About four decades
later in 2hell 3ompany of Australia vs. >ederal 3ommissioners
)
, #ord 2ankey #3
observed/
FThe authorities are clear to show that there are tribunals with many of the
trappings of a 3ourt which, nevertheless, are not 3ourts in the strict sense of
e.ercising judicial power. . . 8n that connection it may be useful to enumerate
some negative propositions on this subject/ 5. a tribunal is not necessarily a
3ourt in this strict sense because it gives a final decision. 6. =or because it hears
witnesses on oath. *. =or because two or more contending parties appear before
it between whom it has to decide. 0. =or because it gives decisions which affect
the rights of subjects. ,. =or because there is an appeal to a 3ourt. (. =or
because it is a body to which a matter is refried by another bodyG.
8n 8ndia, according to Eajendragadkar 3, the main and the basic test is whether
the adjudicating power which a particular authority is empowered to e.ercise, has
been conferred on it by a statute and can be described as a part of the stateAs
inherent power e.ercised in discharging its judicial function.
'


>rom the Bangladesh perspective the difference between a court and a tribunal is
largely a matter of statutory designation and in most cases the real difference is
difficult to draw since almost invariably tribunals have got all trappings of a court.
The nomenclature of a tribunal bears the significance of specialisation only rather
than any substance compared to the proceedings of a court. 2ometimes it is
argued that a tribunal is a !uasi-judicial body whereas a court is a full judicial
body but this is true from the viewpoint of the concerned legislative designation.
8f a particular law creates it in the form of a !uasi-judicial body it will turn out to
be a !uasi-judicial body. 8n Bangladesh most of the tribunals, e.g. Administrative
Tribunals, 2pecial Tribunals under the 2pecial "owers Act, <AT Tribunal etc under
special laws are !uasi-judicial in the sense of their formation as they are
composed of both judicial and non-judicial members but from the view point of
their function and jurisdiction they are judicial in nature. This is because of the
fact that full hearing with the presence of lawyers for both the sides is held4
judicial review of the decisions of tribunals under the supervisory or appellate
power of the 2upreme 3ourt is invariably available4 also most of the appellate
tribunals are given, contempt power. >or instance, the Advisory Board under the
2pecial "owers Act 5'70 and article ** of the 3onstitution has all trappings of a
tribunal in true sense of the term though it has not been termed as a tribunal. On
the other hand, Administrative Tribunal, 2pecial Tribunal under the 2pecial "owers
Act 5'70 are tribunals by name but they are all courts subordinate to the
2upreme 3ourt and they have to follow normal judicial procedure.
Reasons behind Settin up of Tribunals:

1!'2$1% 2-.&31 9.&&6

!
1'31 ", 2# 99. 2':'!
'
"ssociated ,ement ,o. 3td. 1s. 9 ; Sharma, "45 1'6# S, 1#''# at 16(6, 16('
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There was a time when the Hing or the sovereign would decide the disputes
between parties and it was also considered that @Hing can do no wrongA. According
to A.<. 1iceyAs theory of 9ule of #aw, the ordinary law 3ourts must administer the
ordinary law of the land. %e was opposed to the establishment of administrative
tribunal. According to the 3lassical Theory of law and the doctrine of separation of
power the function of deciding disputes between the parties should belong to the
ordinary 3ourt of law.
The traditional theory of F#aisse: >aireG has been given up and the old F"olice
2tateG has now become a @;elfare 2tateG and because of this radical change in
the philosophy as to the role to be played by the 2tate, its functions have
increased. =ow the 2tate not only e.ercises sovereign functions, but, as a
progressive democratic 2tate, it also seeks to ensure social security and social
welfare for the common masses.
The reasons for the setting up of the tribunals were said by #ord "earce in
Anisminic vs. >oreign 3ompensation 3ommission, 5'(', 6 ;.#.9. '(0 to be
Fspeed, cheapness and e.pert knowledgeG. 2ince the tribunals do not follow
formal procedures and they are constituted by e.perts, they can provide easily
speed and effective remedies.
Dnder the Bnglish #egal 2ystem, the 9oyal 3ommission on #egal 2ervice, 5'7'
pointed out that over a !uarter of million cases are dealt with by Tribunals each
year. The number of cases then being heard by tribunals was si. times greater
than the number of contested civil cases dealt with by the %igh 3ourts and county
3ourts combined. Another main purpose of setting up of the tribunal system is to
prevent the ordinary 3ourts of law from being over burdened by cases.
The responsibilities of tribunals are in general no less important than those
of courts of law. #arge awards of money may be made by tribunals, for
e.ample, in cases of industrial injuries.
The main reason of creating separate Tribunals for dealing with special subjects is
to bring into e.istence a body or bodies that will deal with the disputes relating to
those subjects speedily, efficiently and with concentrated attention. The
Administrative Tribunal is e.pected to take the load off the shoulders of not only
ordinary 3ourts but of the %igh 3ourt 1ivision. ;ith the increase of various kinds
of litigations it has been the increasingly felt need to provide public servants
!uicker and cheaper justice. B.cessive delay in settlement of their service matters
not only affect individual moral but sap the vitality of the system as a whole in
the long run. The Administrative Tribunals are particularly designed to guard
against such delays in dispensing justice, while keeping in tact its spirit and
!uality. There is no doubt that these Tribunals will make for a more contended
and efficient governmental machinery.
5+
Ad!antaes of Tribunals:
1(
Huda, ".<. /. Shamsul; The ,onstitution of -an.ladesh, 1ol. 44, +irst Edition, p. '(#
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All over the world the tribunals are functioning beside the ordinary 3ourts of law
because of some advantages it provide to justice seekers and administrators of
justice. The social legislation of the twentieth century demanded tribunals for
purely administrative reasons/ they could offer speedier, cheaper and more
accessible justice, essential for the administration of welfare schemes involving
large number of small claims, whereas the process of the courts of law is
elaborate, slow and costly. Tribunals have certain characteristics which often give
them advantages over the courts. These are cheapness, accessibility, freedom
from technicality, e.pedition and e.pert knowledge of their particular subject.
55
2ome of the advantages of the tribunals over the 3ourts are discussed below/
Speed:
The tribunals are much !uicker than that of the 3ourts in hearing and deciding
the cases. A related advantage of the tribunal system is the certainty that it will
be heard on a specified date and it will decide a case within a specific period of
time. 8n most of the cases, the provisions of law by which the tribunal is set up
provide that the dispute or case must be settled within a specified time. >or
e.ample, the #abour Appellate Tribunal formed under section *) of the 8ndustrial
9elations Ordinance, 5'(' provides in sub-section &*- that the decisions of the
tribunal shall be delivered within si.ty days. The 2peedy Trial Tribunal disposed of
a total of 7+' cases between 60h October, 6++6 to 5'
th
2eptember, 6++,, which is
a huge success of tribunal.
56
Cost:
To make a tribunal functional the e.penditure incurred by the Eovernment is
comparatively less and parties too, have to bear the minimum of e.penditure.
Thus, tribunals are much cheaper way of deciding cases than taking recourse to
the regular procedure of the court. One factor that leads to a reduction in cost is
the fact that no speciali:ed 3ourt building is re!uired for the hearing of the cases.
=o 3ourt fee or lawyer fee are to be given in the proceedings.
Informality:
Tribunals conform to an informal procedure. The strict rules relating to the
evidence, pleading and procedure, which apply in the 3ourts, are not binding in
the tribunalAs proceedings. They observe principles of natural justice and fair play.
They can rely on hearsay evidence or decide the !uestions of onus of proof or
admissibility of documents, etc. by e.ercising discretionary powers.
5*
The
provisions of this informal situation suggest that the complaints do not need to be
represented by lawyers, they may represent them or the representative of the
trade union may represent them. But the >rank 3ommittee 9eport, 5',7 of DH
emphasi:ed on the need for clear rules for procedure. =ow, many tribunals follow
specific rules of procedure. >or e.ample, the 8ndustrial 9elations 9ules, 5'77
provides for the rules of procedure to be followed by the #abour Appellate
Tribunal. The 8ncome Ta. Appellate Tribunal 9ule, 5'), provides for the rules that
the 8ncome Ta. Appellate Tribunal shall follow in discharging cases.
"le#ibility:
The tribunals are not bound to follow the strict rules of precedent. 2o, in every
case a Tribunal has the chance to correct its previous decision or if the previous
decision was correct the tribunal can take the view. But it is customary practice
that as the tribunals are inferior to the 3ourts they follow the precedent of the
3ourts.
$#pertise:
11
The +ranks ,ommittee
12
The 5eport of /inistr2 of 3aw, Justice and 9arliamentar2 "ffairs, -an.ladesh, 2((#, p. 6
13
State of 8rissa =s. /urlidhar, "45 1'63 S, &(&
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8n the ordinary 3ourt, the judges may not be well ac!uainted with the cases or it
may happen that a judge may not feel comfortable to hear particular categories
of cases because he does not have sufficient knowledge on that issue. Tribunals
are free from such problem. 8n most of the cases persons who are e.pert on the
tribunal issues constitute the tribunals. The judges of the tribunals are well versed
with the issue for which the tribunals were set up. >or e.ample, section 55&*- of
the 8ncome Ta. Ordinance, 5')0 provides that-
A person shall not be appointed as a member of the Ta.es Appellate Tribunal
unless
&i- he was a member of the =ational Board of 9evenue4 or
&ii- he was a 3ommissioner of Ta.es4 or
&iii- he is a 3ommissioner of Ta.es4 or
&vi- he is an income ta. practitioner and practiced professionally for not less
than twenty years4 or
&vii- he is a professional legislative e.pert having not less than eight years
e.perience in the process of drafting and making financial and ta. laws4 or
&viii- he is an advocate and practiced professionally for not less than ten years in
any income ta. office.
Thus it can easily be inferred that a person not ac!uainted with ta. matters
cannot sit on such tribunals.
Accessibility:
The aim of the tribunals is to provide individuals with a readily accessible forum in
which they can refer their grievances, and getting cases admitted into tribunals is
certainly not as difficult as getting a case into the ordinary 3ourts. 8n ordinary
courts of law, the general practice is that, if any person wants to institute a suit,
he has to go to a lawyer, the lawyer after considering everything finds out the
right forum. 8n tribunal system, all persons concerned know the forum and thus
the tribunals are easily accessible.
Pri!acy:
"eople of our society, by and large, do not want to share their private issues
relating to 3ourt matter. $ost of the instances, the proceedings of the 3ourt are
held in open 3ourt. 8n a tribunal, the proceedings can be taken without triggering
the publicity. >or e.ample, section (* of the B"I 2ramik 2hongha abong 2hilpa
2hamparka Ain, 6++0 says that if any information is obtained from any
association or person, unit or company or employer during taking evidence by the
e.ecutive chairman, conciliator, tribunal, arbitrator or appellate tribunal, and if
that any association or person, unit or company or employer re!uests to keep
such information secret, it cannot be published without the written consent of
that association or person, unit or company or employer.
%imitations of Tribunals:
1espite the fact that tribunals have many advantages it is also a fact that it has
its own limitations too. The main weaknesses in the tribunal system are described
below
Appeals Procedure:
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The appeal procedure is too much comple. in the tribunal and there remain
hardly any scope for further appeal in higher 3ourts against the decision of the
Tribunals.
8n Bngland, before the >rank 3ommittee 9eport, 5',7 tribunals were not re!uired
to provide reasons for their decisions and these prevented appeals from most of
the cases. But subse!uent to the >rank 3ommittee 9eport, 5',7 most of the
tribunals are re!uired to provide the reason behind their decision under section
5+ of the Tribunals and 8n!uires Act, 5''6.
%ac& of Publicity 'Secrecy(:
The proceedings of the tribunals are held under strict secrecy and as such it may
make the judges of the tribunals autonomous in that, their decisions may be
arbitrary. 2ince the tribunals maintain privacy, apprehension of violation of rights
remains.
Pro!isions of %eal Aid:
#egal aid pre-supposes that there is a need, so undeniable that the ta.payer
should support it, for legal advice or legal services relating to the legal issues. As
it is not possible to be represented by the lawyers a person may be aggrieved by
the decision of the Tribunal. And in such a case, in Bngland, there is a system of
@green formA, which may be the synonyms to a limited scale of the legal aid.
A.H.$. 2hamsul %uda traced two demerits of Administrative Tribunals i.e. this
system has given birth to a second judicial forum, and the scope for remedy in
the superior 3ourt has been greatly limited
50
.
Chapter Three
1&
8pcit 1( p.'('
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)inds of Tribunals:
There are two types of tribunals i.e. domestic tribunal and statutory tribunal.
There can be other types of Tribunals, but at this stage of our discussion we shall
discuss only these two types of tribunals.
Domestic Tribunals:
The tribunals, which are domestic in nature deals only with the internal
disciplinary principle of any institution. 8t is a non-statutory body. 8t settles the
dispute between employer and employee. 3ourt fee is not needed in domestic
tribunals. 8t deals with the private matters rather than public matters. Tribunals of
Bangladesh Bar 3ouncil, different clubs serve as e.amples of domestic tribunals.
At present there are five tribunals of Bangladesh Bar 3ouncil to deal with different
disciplinary issues relating to its members.
The domestic tribunal is not a 3ourt to follow procedures of the trial or en!uiry
according to the 3ivil "rocedure 3ode, 5'+). 8n appropriate cases, considering
the facts and circumstances thereof, such a tribunal may arrive at a decision
simply by !uestioning the accused and considering his e.planation.
5,
The 3ivil 3ourts have no power to look into the decisions of the domestic tribunal
unless there is a breach of principle of natural justice and the decision is an act of
bad faith and biased. The civil 3ourt is not competent to sit over the decision of
the e.ecutive 3ommittee of the respondent 3lub unless it is proved that it is in a
breach of principle of natural justice and the decision is an act of bad faith and
biased.
8n case of domestic tribunal, the en!uiry officer is not to follow the procedure of a
trial by a 3ourt, he may, in appropriate cases, arrive at a decision simply by
!uestioning the delin!uent officer and considering his e.planation.
5(
Statutory Tribunal:
2tatutory tribunals are established by the provisions of statutes. >or e.ample, in
Bangladesh, #abour Appellate Tribunal is a statutory tribunal, which is established
under section *) of the 8ndustrial 9elations Ordinance, 5'('. ;here a special
tribunal out of the ordinary course is appointed by an Act to determine !uestions
as to such rights which are the creation of that Act, then, e.cept, so far as
otherwise e.pressly provided or necessarily implied, that tribunalAs jurisdiction to
determine those !uestions is e.clusive.
57
Administrative tribunals are the glaring e.amples of statutory tribunals. These
tribunals deal with the disputes between a govt. employee and the govt. arising
out of the rules and regulations relating to the service matter. >or e.ample, in
8ndia, the Administrative Tribunal formed under the Administrative Tribunals Act,
5'), resolves the disputes between a govt. employee and the govt. arising out of
the rules and regulations relating to service matter. 8n Bangladesh, the
Administrative Tribunals established under the Administrative Tribunals Act, 5')+
perform similar duties.
Besides there are some special Tribunals like =an + 2hishu =irjatan 1amon
Tribunal, Acid Oporadh 1amon Tribunal, 2peedy Trial Tribunal and other 2pecial
Tribunal established under the 2pecial "owers Act, 5'70. The =an + 2hishu
=irjatan 1amon Tribunals are established according to the provisions of section 6(
of the =an + 2hishu =irjatan 1amon Am, 6+++ &Act =o. <888 of 6+++- in every
district to try offences committed under the said Act. The Acid Oporadh 1amon
Tribunals are established as per the provisions of section 6* of the Acid =iyontron
Ain, 6++6 to try offences under the Act.
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;hen the statutory tribunal &i.e. special tribunal set up under a special statute-
has acted beyond the scope of the power vested in it by the statute, the
jurisdiction of the 3ivil 3ourts to e.amine into such cases is not taken away even
if the statute contains words purporting to e.clude such jurisdiction. This certainly
is not the same thing as saying that jurisdiction has been made to depend upon
the correctness or otherwise of the suitorAs contention as respects the subject
matter.
5)
Chapter "our
Can a Tribunal be Supplementary to or Substitute of a Court*
1!
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Article 5+' of the 3onstitution, 5'76 says that the %31 shall have
superintendence and control over the tribunals subordinate to it.
The tribunals providing an alternative mechanism must be a worthy successor of
the %igh 3ourt in all respect.
5'
But there is no command in the 3onstitution of
Bangladesh, 5'76 that the Tribunal or the Appellate Tribunal is subordinate or co-
e!ual to the %igh 3ourt 1ivision. A tribunal cannot be substitute of a 3ourt for a
good number of reasons. 8n the 3ourt of law there are openness, fairness and
impartiality. But in the tribunals these things are absent. Tribunals are not
supplementary to the civil 3ourts but it is partly substitute of the civil 3ourts. The
tribunals are not fully supplementary to the civil 3ourt as the e!uity 3ourts were
supplementary to the common law 3ourts.
According to section ' of the 3ode of 3ivil "rocedure, 5'+), the tribunals do not
come under the umbrella of the civil 3ourts but the tribunals will come under the
definition of civil 3ourts in three cases and will be !uestioned by the %31/
&a- if the tribunal violates its own law4
&b- if the fundamental rights of the parties are violated due to the maJa fide
decision of the administrative tribunals.
&c- if the tribunals do anything ultra vires.
Again, the jurisdiction of the civil 3ourts cannot be totally ousted because
tribunals cannot impose penalty, it can only suspend an employee. 8f the tribunals
are mala fide in their decisions they are not immune to the challenges in the civil
3ourts.
But the Administrative tribunals which were set up to deal with service matters of
the Eovernment employee can be a substitute of 3ourt. The Administrative
Tribunals are not like the %igh 3ourt 1ivision or the 2ubordinate 3ourt over which
the %igh 3ourt 1ivision e.ercises both judicial review and superintendence.
There is no command in the 3onstitution that the Tribunal or the Appellate
Tribunal is substitute or co-e!ual to the %igh 3ourt 1ivision. 8t is left to the
legislature, after establishing the Tribunals, to make necessary provisions in this
regard for the carrying out of the functions of the tribunals.
6+
Chapter "i!e
Some important tribunals functionin in +anladesh:
1'
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Administrati!e Tribunal:
Broadly speaking, the term, @administrativeA refers to broad areas of
governmental activities in which repositories of power may e.ercise every class of
statutory function.(, The word @tribunalA has been defined earlier. The
administrative tribunals are those tribunals, which deal with administrative affairs.
Administrative Tribunals have their roots traced from >rench system of
Administrative Tribunals. 8n >rance, the control of the udicial 3ourts over the
Administration was lifted under Article 56 of the #aw of 57'+, which is in force
even today. =apoleon also decided to build up solid governmental machinery on
the ruins of >rench 9evolution so that it could function effectively. The >rench
3onstitution of 57'' established the 3ouncil dABtat. This was the beginning of the
system of Administrative Tribunals.
65

The Administrative Tribunal is the third type of judicial body as mentioned in the
3onstitution of Bangladesh, 5'76 in "art <8 &Article 557-.
Administrati!e Tribunal and +anladesh Constitution:
A Eovernment 2ervant during the British rule in 8ndia held the office during the
pleasure of the 3rown. 8t was for the first time in 5'5' certain constitutional
protections were provided for the Eovernment servants by the insertion of section
'(B in the Eovernment of 8ndia Act, 5'5,. This section was incorporated in the
Eovernment of 8ndia Act, 5'*, and in the "akistan 3onstitution. 1uring the
adoption of Bangladesh 3onstitution, 5'76, the framers of the 3onstitution
included the provision in Article 557.
Article 557&5- of Bangladesh 3onstitution, 5'76 empowers the "arliament to
establish one or more Administrative Tribunals against whose decisions no writ
will lie in view of the provision of Article 5+6&,-.
2uch tribunals may be established to deal with matters relating to-
&a- the terms and conditions of persons in the service of the 9epublic including
matters provided for in "art 8K and award of penalties or punishment4
&b- the ac!uisition, administration, management and disposal of any property
vested in or managed by the govt. by any law, including the operation and
management of, and services in any nationali:ed enterprise or statutory public
authority4.
&c- any law to which article 5+6 &*- applies.
Article 5+6 &*- of the 3onstitution of Bangladesh, 5'76 provides that
notwithstanding anything contained in article 5+6 &5- and article 5+6 &6-, the
%igh 3ourt 1ivision shall have no power under this article to pass any interim or
other order in relation to any law to which article 07 applies.
Article 07&5- provides that no law providing for any of the following matters shall
be deemed to be void on the ground that it is inconsistent with, or takes away or
abridge, any of the rights guaranteed by this "art-
&a- the compulsory ac!uisition, nationalisation or re!uisition of any property,
or the control or management thereof whether temporarily or permanently4
21
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&b- the compulsory amalgamation of bodies carrying on commercial or other
undertakings4
&c- the e.tinction, modification, restriction or regulation of rights of directors,
managers, agents and officers of any such bodies, or of the voting rights of
persons owning shares or stock &in whatever form- therein4
&d- the e.tinction, modification, restriction or regulation of rights of search for
or win minerals or mineral oil4
&e- the carrying on by the Eovernment or by a corporation owned, controlled
or managed by the Eovernment, of any trade, business, industry or service to the
e.clusion, complete or partial, or other persons4 or
&f- the e.tinction, modification, restriction or regulation of any right to
property, any right in respect of a profession, occupation, trade or business or the
rights of employers or employees in any statutory public authority or in any
commercial or industrial undertaking4
if "arliament in such law &including, in the case of e.isting law, by amendment-
e.pressly declares that such provision is made to give effect to any of the
fundamental principles of state policy set out in "art 88 of this 3onstitution.
Article 07&6- provides that notwithstanding anything contained in this 3onstitution
the laws specified in the >irst 2chedule &including any amendment of any such
law- shall continue to have full force and effect, and no provision of any such law,
nor anything done or omitted to be done under the authority of such law, shall be
deemed void or unlawful on the ground of inconsistency with, or repugnance to,
any provision of this 3onstitution4
"rovided that nothing in this article shall prevent amendment, modification or
repeal of any such law.
Article 07&6- provides that notwithstanding anything contained in this
3onstitution, no law nor any provision thereof providing for detention, prosecution
or punishment of any person, who is a member of any armed or defence or
au.iliary forces or who is a prisoner of war, for genocide, crimes against humanity
or war crimes and other crimes under international law shall be deemed void or
unlawful, or ever to have become void or unlawful, on the ground that such law
or provision of any such law is inconsistent with, or repugnant to any of the
provisions of this 3onstitution. @3ourtA as defined in Article 5,6 includes 2upreme
3ourt and hence the %31 cannot entertain any writ petition in respect of any
matter falling within the jurisdiction of an Administrative Tribunal. 2o, it is clear
that the 2upreme 3ourt shall not entertain any proceedings or make any matter
falling within the jurisdiction of an Administrative Tribunal.
But the %31 sometimes entertains writ petition on the ground that the remedy
provided by the Administrative Tribunal is not efficacious4 in Abdul Awal $unshi
vs. B. 8<. 1. Board,
66
it is submitted that when the %31 has jurisdiction it may
refuse to e.ercise that on the ground of non-e.haustion of efficacious remedy.
But when the %31As jurisdiction is ousted by the 3onstitution then it cannot apply
it e.cept on the ground of violation of fundamental rights.
=o proceedings, order or decision of a tribunal shall be liable to be challenged,
reviewed, !uashed and called in !uestion in any 3ourt. The decision of the
Appellate Tribunal like that of the Tribunal is immune from any review under
Article 5+6 because Article 557 also applies to the Appellate Tribunal.
22
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8n case of $ujibur 9ahman vs. Bangladesh,
6*
the !uestion arose whether a writ
petition would be maintainable against the decision of the Administrative
Appellate Tribunal. The combined effect of art.5+6 &,- and art.557 &6- is that no
writ petition is maintainable against the decision of Administrative Tribunal. The
3onstitution is silent about the Administrative Appellate Tribunal. Again, when
what is challenged is not the service rule, but administrative interpretation of a
service rule, writ petition is not maintainable.
60
Characteristics of Administrati!e Tribunal:
The Administrative Tribunals have some distinctive features, which are traced out
by the >ranks 3ommittee 9eport, 5',7 of DH, are discussed below/
&a- The administrative tribunal is the creation of a statute and thus, it has a
statutory origin4
&b- 8t has some of the trappings of a 3ourt but not all4
&c- An Administrative Tribunal is entrusted with the judicial powers of the
state and thus, performs judicial and !uasi- judicial functions4
&d- Bven with regard to procedural matters, an Administrative Tribunal
possesses powers of a 3ourt e.g. to summons witnesses,A to administer oath, to
compel production of document etc.
&e- An Administrative Tribunal is not strictly bound by rules of evidence and
procedure.
&f- Administrative Tribunals are independent and they are not subject to any
administrative interference in the discharge of their judicial or !uasi- judicial
functions4
&g- The prerogative writs of certiorari and prohibition are available against the
decision of Administrative Tribunal.
&h- The decisions of most of the tribunals are in fact judicial rather than
administrative as they have to record finding of facts. They can apply discretion
but their discretionary power is to be e.ercised judicially.
The Distinctions between Administrati!e Tribunal and Court:
There are many similarities between an Administrative Tribunal and a 3ourt in
certain aspects. ;e get the truth behind the statement in an Bnglish 3ase i.e.
"ickering vs. #iverpool 1aily "ost and Bcho =ewspaper,
6,
Both of the
Administrative Tribunal and 3ourt are constituted by the state, invested with
judicial powers and have a permanent e.istence. Thus, they are adjudicating
bodies. 8n Associated 3ement 3ompanies #td. vs. ".=. 2harma,
6(
the 8ndian
2upreme 3ourt held that the basic and fundamental feature which is common to
both the 3ourts and the tribunals is that they discharge judicial functions and
e.ercise judicial power vested to them by a sovereign state. 8f the precise
decision between tribunals and 3ourts is a matter of uncertainty, what is certain
23
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is that tribunals are inferior to the normal 3ourts. %owever, the distinctions
between these two are comprehensively laid down by 3.H. Takwani as follows/
5. A 3ourt of law is a part of the traditional judicial system. A Tribunal is a body
created by a statute and invested with judicial powers. "rimarily and essentially it
is a part and parcel of the B.ecutive Branch of the state, e.ercising e.ecutive and
judicial functions. As #ord Ereene states Administrative Tribunal perform Fhybrid
functionsG.
67
6. udges of the ordinary 3ourts of law are independent of the e.ecutive in
respect of their tenure, terms and conditions of their services. On the other hand,
members of administrative tribunal are entirely in the hands of the Eovt. in
respect of same.
*. 8n a 3ourt of law, the presiding officer, i.e. the judge is trained in law but the
member of tribunal may not be trained in law as well.
0. 8n a 3ourt of law, the judges must be an impartial arbiter and he cannot decide
a matter in which he is interested. But a member of the Administrative Tribunal
may be party to the dispute to be decided by it.
,. A 3ourt of law is bound by all the rules of evidence and procedure but not
Administrative Tribunal unless the statute imposes such an obligation.
(. ;hile the court of law is bound by precedents, principles of resjudicata and
estopple, an administrative tribunal is not strictly bound by them.
7. A 3ourt can decide the FviresG i.e. the power and authority etc. of legislation
while an Administrative Tribunal cannot do so.
6)
). A 3ourt must decide all the !uestions objectively on the basis of evidence and
materials produced before it. But an Administrative Tribunal may decide the
!uestions taking into account the departmental policy or e.pediency and in that
sense, the decision may be subjective rather than objective.
The Purpose of $stablishment of Administrati!e Tribunals in
+anladesh:
The Administrative tribunals were established in Bangladesh to e.ercise
jurisdiction in respect of matters relating to or arising out of the terms and
conditions of persons in the services of the 9epublic or of any statutory public
authority.7) The 2chedule to the Administrative Tribunals Act, 5')+ &Act =o. <88
of 5')5- includes the following bodies as the statutory public authority-
&a- 2onali Bank, Agrani Bank and anata Bank constituted under the
Bangladesh Banks &=ationalisation- Order, 5'76.
&b- Bangladesh Bank established under the Bangladesh Bank Order, 5'76.
&c- Bangladesh 2hilpa 9in 2angstha established under the Bangladesh 2hilpa
9it: 2angstha Order, 5'76.
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&d- Bangladesh 2hilpa Bank established under the Bangladesh 2hilpa Bank
Order, 5'76.
&e- Bangladesh %ouse Building >inance 3orporation established under the
Bangladesh %ouse Building >inance 3orporation Order, 5'7*.
&f- Bangladesh Hrishi Bank established under the Bangladesh Hrishi Bank
Order, 5'7*.
&g- 8nvestment 3orporation of Bangladesh established under the 8nvestment
3orporation of Bangladesh Ordinance, 5'7(.
&h- Erameen Bank established under the Erameen Bank Ordinance, 5')*.
Administrative Tribunals are creation of the 3onstitution. >or deciding any dispute
arising out of the terms and conditions of their service, the judicial officers shall
be amenable to the jurisdiction of the Administrative Tribunal.
$stablishment of Administrati!e Tribunal:
The provisions of the Administrative Tribunals Act, 5')+ empower the
Eovernment to establish one or more Administrative Tribunals. 8nitially, by 29O
,)-#J)6-8<J8T-5J)5, one Administrative Tribunal located at 1haka was
established for the whole of Bangladesh. 2ubse!uently territorial jurisdiction of
the Tribunal was restructured by 29O =O. 55 '-#J'6J60'J-0J,3-,J)' dated *+
th
$ay, 5''6. Another Administrative Tribunal was set up in Bogra.
=ow, the Administrative Tribunal of 1haka shall determine disputes arising out of
the terms and conditions of persons in the services of 9epublic in the *) districts
including 1haka, =arayangonj, $unshigonj, $anikgonj, Eajipur, =orshingdi,
>aridpur, Eopalgonj, $adaripur, 2hariatpur, 9ajbari, $ymensing, Hishorgonj,
=etrokona, Tangail, amalpur, 2herpur, Hhulna, Bagerhat, 2atkhira, Barishal,
"irujpur, halokathi, Bhola, "atuakhali, Borguna, 3hittagong, 3o.As Ba:ar,
=oakhali, >eni, #a.mi:pur, 3omilla, 3hadpur, Brahmanbaria, 2ylhet, $oulviba:ar,
%abigonj and 2unamgonj. The Administrative Tribunal of Bogra shall determine
disputes arising out of the terms and conditions of persons in the services of
9epublic in the 6* districts including Bogra, oypurhat, "abna, 2irajgonj 1inajpur,
Thakurgaon, "anchghar, Hurigram, 9angpur, #almonirhat, Eaibandha, =ilphamary,
9ajshahi, 3hapainababgonj, =oagaon, =atore, essore, hinaidah, $agura, =orail,
Hustia, 3huadanga and $eharpur.
Jurisdiction of the Administrati!e Tribunal:
The Administrative Tribunal has the e.clusive jurisdiction to hear and determine
applications made by a person in the service of the @9epublic or of any statutory
public authority in respect of the terms and conditions of his service.
6'
2o, the
Administrative Tribunal has no jurisdiction to entertain any application filed by a
person who is or who has not been in the service of the 9epublic or of any
statutory authority specified in the schedule to the Act.
8n the case of Lua:i =a:rul 8slam <s. Bangladesh %ouse Building >inance
3orporation,
*+
it was held that the Administrative Tribunal and the Administrative
Appellate Tribunal has been established with limited jurisdictions and limited
power. The Tribunal gratuitously granting relief acts in e.cess of its jurisdiction.
2'
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The person affected by the decision of the higher authority must make an
application before the higher authority. After having the decision of the higher
administrative authority under any law enforced for the time being any person
aggrieved may make an application to the Administrative Tribunal within si.
months of the decision of the higher authority. 8t should be borne in mind that the
person making such application shall wait for only two months for the decision of
the higher authority. 8f he does not get the decision within two months then he
may go to the Administrative Tribunal. 8n the case of Abul Bashar <s. 8nvestment
3orporation of Bangladesh and another,
*5
it was held that the petitioner cannot
have the benefit of section 50 of the #imitation Act while computing the period of
limitation in filing application before the Administrative Tribunal.
8n case of dismissal, the financial benefit during the period of dismissal cannot be
claimed as a matter of right when such dismissal is set aside on the procedural
defect as to show cause notice.)* Luestion of payment of subsistence to the
government servant during suspension, relates to terms and conditions of service
within the jurisdiction of the Administrative Tribunal The remedy against the
orders to transfer lies before the Administrative Tribunal and not under Article 5+6
of the 3onstitution.),
8n the case of 1E$, 9upali Bank vs. 2hah alal,
*6
it was held that the Tribunal
shall have no power to entertain an application unless it is filed within si. months
of the impugned order. 8n the instant suit the impugned order was made 0 years
earlier than the date of incorporation of the petitioner bank in the schedule to the
Act. 3onse!uently the cause is beyond the jurisdiction of the Tribunal. That being
so, the suit does not come within the mischief of Article 557.
>or legal remedies in service matters civilian employees in 1efence 2ervices can
well invoke the jurisdiction of the Administrative Tribunal.
**
8n abovementioned matters i.e. to hear and determine applications made by a
person in the service of the 9epublic or of any statutory public authority in
respect of the terms and conditions of his service, the civil courts have no
jurisdiction. The jurisdiction of the civil 3ourt having been vested in the
Administrative Tribunal by the promulgation ofA special statute the jurisdiction of
civil court in respect of Bank employees has been ousted, and in that view of the
matter, the plaint was rightly returned by the civil 3ourt for presentation to the
proper Tribunal having jurisdiction.
*0
All decisions of the Administrative Appellate Tribunal shall be binding on the
Administrative tribunals and the parties concerned4 subject to the decision of the
Administrative Appellate Tribunal the decision of the Administrative tribunals shall
be binding on the parties.
*,
Besides, the Administrative Tribunals have powers to impose imprisonment for
the obstruction of duties of the Administrative tribunals which may e.tend to one
month or fine which may e.tend to five hundred taka.
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The Administrative Tribunal can strike down an order for violation of natural
justice and for infringement of fundamental rights but it cannot strike down any
bar or rule on the ground of its constitutionality. 1uty of 3ourt is to see the right
given under Article 5+6&5- is not frittered away or misused.
*(
2uch Tribunal cannot entertain any application by the aggrieved party unless his
appeal before the competent authority is disposed of. This legal bar cannot be
overcome unless the appeal pending before the Eovernment is disposed of. 8t is
not known why Eovernment respondent is shockingly slow in the matter of taking
decision in the petitionerAs appeal. The 9ule upon the government is therefore
made absolute with the direction to dispose of the appeal within *+ days.
*7
The Administrative Tribunal has no power to grant interim relief in respect of a
case pending before it for final adjudication.
*)
Appellant was reinstated in service in pursuance of a civil 3ourtAs decree passed
before the commencement of the Administrative Tribunals Act, 5')+. The
subse!uent claim for arrear pay and seniority etc. is not a claim arising out of the
cause of action of the civil 3ourt decree. 2uch claim arises out of a fresh cause of
action after the Administrative Tribunals Act came into force and for that
jurisdiction of Administrative Tribunal can well be invoked.
*'
Administrative Tribunal has e.clusive jurisdiction to decide disputes relating to the
terms and conditions of service including seniority and promotion of the person in
the service of the 9epublic. ;hen the dispute involves determination of the
constitutionality of any law or any notification the jurisdiction of the tribunal is
ousted. 8n such a case this mi.ed !uestion of dispute can well be decided by the
%igh 3ourt 1ivision in its writ jurisdiction under article 5+6 of the 3onstitution.
0+
"romotion being part of the terms and conditions of the service a grievance in
respect of the same undoubtedly falls within the e.clusive jurisdiction of the
Administrative Tribunal.
05
;hen the first departmental proceeding ended merely on technical ground,
subse!uent proceeding on self-same or fresh additional charge is not barred in
law and such a proceeding does not amount to double jeopardy.
06
;hen an Administrative Tribunal is set up no 3ourt shall entertain any proceeding
or make any order in respect of any matter falling within the jurisdiction of such
Tribunal. ;hen by a statute authority is vested in another Tribunal with e.clusive
power over any subject matter, a civil 3ourt, ceases to have any jurisdiction to try
such suit having jurisdiction.
0*
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Again, to implement the judgment of the Appellate 1ivision, one cannot go to the
Administrative Tribunal or the Administrative Appellate Tribunal.
00
The term Fperson aggrievedG as used in our Administrative Tribunals Act, 5')+
has narrower connotation than that of the similar term used in the counter part
enactment of the 8ndian urisdiction. The legal heirs of the deceased servant thus
cannot maintain an application before the Administrative Tribunal.
A person who died while in service cannot be dismissed or discharged or removed
from service. Therefore the legal heirs of the deceased servant who are legally
entitled to the pensionary benefits can seek their remedies in the writ jurisdiction
of the %igh 3ourt 1ivision.
0,
Administrati!e Appellate Tribunal:
8n August 5')*, by 29O =o. *6'J#J)*J,+6-5J8< Administrative Appellate Tribunal
was established. The Appellate Tribunal shall consist of three members of whom
be one who is or has been the udge of the 2upreme 3ourt. One shall be a person
who is or has been a oint 2ecretary or a 1istrict udge.
Jurisdiction and Power of the Administrati!e Appellate
Tribunal:
The Administrative Appellate Tribunal does not have any original jurisdiction
e.cept in the case of contempt of it. 8n brief, the Administrative Appellate Tribunal
has the following powers and authority-
&a- 8t shall hear the appeal arising from any order or decision of the
Administrative Tribunal.
&b- An application for an appeal must be made to the Administrative Appellate
Tribunal within '+ days from the date of making of the order by the
Administrative Tribunal. The time may be e.tended for another '+ days on the
satisfaction of the 3ourt on reasonable grounds.
&c- The Administrative Appellate Tribunal may confirm, set aside, or modify
the decision of the Administrative Tribunal.
&d- .The Administrative Appellate Tribunal may transfer cases from one
Administrative Tribunal to another.
The decision of the Administrative Appellate Tribunal shall be final. But by the
insertion of section (A by the Administrative Tribunal &Amendment- Act, 5''5, it
has been incorporated that the decision of the Administrative Appellate Tribunal
shall be final subject to the judicial review of the Appellate 1ivision of the
2upreme 3ourt.
8n a case like the present one where there is no provision for appeal and where
under review the "resident has power to make any order as he deems fit, a
Eovernment servant will be entitled to the remedy under 9ule 6*.5+6
Status of Administrati!e Appellate Tribunal in Relation to the
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,ih Court Di!ision:
Administrative Appellate Tribunal is not under the subordination of the %31. 8t is
totally a separate judicial body. This body deals with appeals only in cases of the
tribunal matters.
There are certain common powers which are enjoyed by both the %31 and the
Administrative Appellate Tribunal. Article 5+6&a- &i- of the Bangladesh
3onstitution, 5'76 empowers of the %31 to issue certain order and directions.
The provision says that the %31 may, if satisfied that no other e!ually officious
remedy is provided by law, on the application of any person aggrieved direct any
person performing any functions in connection with the affairs of the 9epublic or
of a local authority to refrain from doing that which he is not permitted to do by
law or to do that which he is re!uired by law to do.
The %31 is authori:ed to interpret the 3onstitution of the "eopleAs 9epublic of
Bangladesh. 8t is also true that the Administrative Appellate Tribunal has the
power to interpret the provisions of Articles 5**, 5*0, 5*, of the 3onstitution in
deciding service disputes. #ike the %31, the Administrative Appellate Tribunal can
transfer a case from one Administrative tribunal to another. #ike %31, one has to
come before the Administrative Appellate Tribunal after e.hausting all the
available remedies.
ustice $ostafa Hamal had decidedly argued in the case of $ujibur 9ahman vs.
Bangladesh,
0(
After referring the case 2hell 3ompany of Australia <s. >ederal
3ommissioner, #earned ustice $ostafa Hamal held that FThere is no command in
the 3onstitution that the tribunals or the co-e!ual to the %31G. The logic behind
stating in this way was that the terms and tenure of the service of the udges
have been e.pressly laid down in 3hapter 5 and part <8 but no similar provisions
are made in the 3onstitution with regard to the terms and tenure of the persons
who will sit on the tribunals.
8f we take into account the provisions of section (A of the Administrative
Tribunals Act, 5')+ it may appear that the Administrative Appellate Tribunal is on
the same footing as that of the %igh 3ourt 1ivision. 2ection (A provides that it is
hereby declared that the provisions of article 5+* of the 3onstitution shall apply in
relation to the Administrative Appellate Tribunal as they apply in relation to the
%igh 3ourt 1ivision.
The Administrative Appellate Tribunal, which is the highest appellate forum
against the decision of the Administrative Tribunal, is not, in fact, on the same
footing of the %igh 3ourt 1ivision.
A person is entitled to file an application for enforcement of any of the
fundamental rights &in the %31- only when he is aggrieved by an order or
proceeding taken against him by an authority or person performing any function
in connection with the affairs of the 9epublic or of a local authority.
07
&6
8pcit. 2(.
&
#( 735 &'6
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Bven in the presence of an alternative remedy, a person, instead of going to
the Administrative Tribunal can come before the %31 for the protection of his
fundamental rights of e!uality of opportunity in the service of the republic.
0)
8f one Branch of the 1epartment of the Eovt. is not following the lawful order of
the hierarchy of the governmental authority, definitely the person who is
aggrieved can come before the %31 and pray for direction or declaration to
implement, fulfill or obey the lawful order of the govt., which the Administrative
tribunal is not competent to do.
0'
The syndicate being an e.ecutive authority of the Dniversity made nomination for
selection board with lawful authority. The Dniversity orders having provided
remedy by way of appeal from the syndicateAs order the writ petition in this
reason is not maintainable due to the doctrine of e.haustion.
Dnder the 8ndian Administrative Tribunals Act, 5'),, the Administrative Tribunals
are e!ual and substitute of the %igh 3ourts having e.clusive jurisdiction in all
service matters of the Eovernment 2ervants and that of the statutory bodies.
Dnlike the 8ndian law, the Administrative Tribunals Act, 5')+ of Bangladesh have
been enacted in retrogression of the concept as is contemplated in Article 557 of
our 3onstitution. Although the Administrative Tribunals have jurisdiction in all
service matters relating to the persons in the service of the 9epublic of
Bangladesh and statutory bodies specified in the schedule of the Act, these
tribunals are not e!ual or substitute of the %igh 3ourt 1ivision of the 2upreme
3ourt.
,+
There is no command in the 3onstitution that the Tribunal or the Appellate
Tribunal is substitute or co-e!ual to the %igh 3ourt 1ivision. 8t is left to the
legislature, after establishing the Tribunals, to make necessary provisions in this
regard for the carrying out of the functions of the tribunals.
,5
The 3onstitution provides that the "resident of Bangladesh shall have the power
to grant pardons, reprieves and respites and to remit, suspend or commute any
sentence passed by any 3ourt, tribunal or other authority.
,6
Other Tribunals:
There are other tribunals in Bangladesh of which #abour Appellate Tribunals, Ta.
Appellate Tribunal and Blection Tribunal deserve special attention.
Ta# Appellate Tribunal:
&!
ibid, p.&(.
&'
ibid, p.3#
#(
-akar, <hondakar /d. "bu; The 3aws on Ser=ice in -an.ladesh, Second Edition, p. 2(.
#1
8pcit. 9.2(.
#2
"rticle &', the constitution of the 9eople*s 5epublic of -an.ladesh
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The Ta. Appellate Tribunal is set up in accordance with the provisions of 3hapter
888 &sections 55- 5,- of the 8ncome Ta. Ordinance, 5')0.
Composition of the Tribunal:
There is no specific reference in the Ordinance as to the number of judges in the
Tribunal 2ection 55 of the Ordinance, 5')0 states that the Eovernment shall
establish a Ta.es Appellate Tribunal consisting of a "resident who shall be a
judicial member appointed by the Eovernment and such other members as the
Eovernment may, from time to time, appoint.
-ualifications to be a .ember of the Tribunal:
The Ordinance was silent as to the !ualifications of the members of the tribunal.
8n 6++6, by section 6) of the >inance Act, 6++6 an amendment was made to this
Ordinance which prescribes the !ualification without which a person can not be a
member of the tribunal. =ow, a person shall not be appointed as a member of the
Ta.es Appellate Tribunal unless
&i- he was a member of the =ational Board of 9evenue4 or
&ii- he was a 3ommissioner of Ta.es4 or
&iii- he is a 3ommissioner of Ta.es4 or
&iv- he is a chartered accountant and practiced professionally for a period not
less than eight years4 or
&v- he is a cost and management accountant and practiced professionally for a
period not less than eight years4 or
&vi- he is an income ta. practitioner and practiced professionally for not less
than twenty years4 or
&vii- he is a professional legislative e.pert having not less than eight years
e.perience in the process of drafting and making financial and ta. laws4 or
&viii- he is an advocate and practiced professionally for not less than ten years in
any income ta. office.
Rules of Procedure of the Ta# Tribunal/
The powers and functions of the Appellate tribunal are performed by Benches to
be constituted by the "resident of the tribunal. The decision of a Bench &usually
consists of two or more persons as the "resident thinks proper- in any case or on
any point shall be given in accordance with the opinion of the majority of its
members. ;here there are only two members of the Appellate Tribunal and they
differ in any case, the Eovernment may appoint an additional member of the
Appellate Tribunal for the purpose of hearing the case4 and the decision of the
case shall be given in accordance with the opinion of the majority of the members
of the Appellate Tribunal as constituted with such additional member.
$lection Tribunal:
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>or the settlement of all disputes regarding election, Article ,* of the
9epresentation of the "eople Order, 5'76 provides for the establishment of
Blection Tribunal which shall be consisted of a person who is or has been a 1istrict
and 2essions udge or an Additional 1istrict and 2essions udge. According to
Article ,'&5-, the Tribunal shall have powers of a 3ivil 3ourt trying a suit under
the 3ode of 3ivil "rocedure. Article ,* &5- of the 9epresentation of the "eople
Order, 5'76 provides that for the trial of election petitions the Blection
3ommission shall appoint as many Blection Tribunals as may be necessary. 8t also
says that a Tribunal shall consist of a person who is or has been a 1istrict and
2essions udge.
Dnder section 67&5- of the #ocal Eovernment &Dnion "arishads- Ordinance, 5')*
the Blection 3ommission shall appoint a judicial officer to be an Blection Tribunal
for the trial of election petitions for any specified areas, as specified in the ga:ette
notification.
Dnder section 6), the Blection 3ommissioner, may at any stage of the proceeding
transfer an election petition from one Blection Tribunal to another in case of
necessity. The Tribunal where the petition is transferred may recall and e.amine
any of the witnesses who are already e.amined. After the decision of any Blection
Tribunal, if any election, appeal is preferred in the 1istrict udge 3ourt, the
1istrict udge shall also have the authority to transfer any election appeal from
one 3ourt to another.
,*
Procedure followed in $lection Petition:
The procedure to be followed in Blection petition is mentioned in section 6' of the
#ocal Eovernment &Dnion "arishads- Ordinance, 5')*. The Blection Tribunal after
receiving an election petition shall give notice to all contesting candidates at the
election to which the petition relates. Then the Blection Tribunal shall take the
evidence and e.amine the contesting candidates and then the Tribunal shall
pronounce order, which shall be final.
,0
Any person aggrieved by the decision of the Blection Tribunal may, within thirty
days of the announcement of the decision of the Tribunal, prefer an appeal to the
1istrict udge within whose jurisdiction the election in dispute was held and the
decision of the 1istrict udge on such appeal shall be final.55) An order disposing
of the election petition is appealable, but an order for recounting of ballots by the
tribunal is not appealable.
,,
The 1istrict udge when acting as an Appellate 3ourt in Blection petitions is under
the %igh 3ourt 1ivision. Though the Blection Tribunal is not a civil 3ourt but when
the 1istrict udge hears the appeal of such election petitions then he shall follow
the procedure to be followed in the civil 3ourts as mentioned in the 3ode of 3ivil
"rocedure, 5'+) and in 9ules 07 and 0) of the Dnion "arishad Blection 9ules,
5')*.
This Act also provides that any person aggrieved of a decision where the decision
relating to Blection was announced before the commencement of the #ocal
#3
1( -37 $"7% #!.
#&
&2 735 2
##
3' 735 $"7% 1&(.
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Eovernment &Dnion "arishads- Ordinance, 5')0 may also prefer an appeal within
thirty days.
Though section 6'&0- of the Ordinance, 5')*, says that the decision of the
1istrict udge is final, but this section does not oust the right of the aggrieved
parties to move before the %31 for revision and the parties can also go to the
%31 with a writ.
,(
Powers of the $lection Tribunal:
An Blection Tribunal has all the powers of a 3ivil 3ourt trying a suit under the
3ode of 3ivil "rocedure, 5'+), for the purpose of trying the election dispute.
5. The Blection Tribunal can order for the recount of the votes in appropriate
cases.
6 The Tribunal can allow the amendment of the election petition. The
Blection Tribunal cannot grant injunction.
0. The Blection Tribunal cannot act arbitrarily and whimsically.
,. The Blection Tribunal can proceed e.parte if the 9espondents do not file
written objection or appear before it to contest the election petition.
(. An Blection Tribunal may declare the election of some centers void and
direct fresh polling in those centers.
7. The Blection Tribunal can interfere if there has been contravention
of the provisions of the Act and if the result of the election has been materially
affected due to the contravening.
). ;hen both the candidate got e!ual votes, the Blection Tribunal is competent to
draw a lottery and declare winner elected, though there is no e.press provision.
'. The Blection Tribunal should not set aside the Blection result unless law
demands it.
5+. The Blection Tribunal has the power to decide whether a ballot paper is to
be accepted or rejected.
#6
3! 735 $"7% 12.
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Chapter Si#
,ow far Tribunal been successful in +anladesh*
This is largely a matter of empirical study though it is fre!uently evident that
most of the tribunals are eventually embroiled with cumbersome and long process
of usual litigation frustrating the pious purposes behind their creation. >or
e.ample, 9ule 7 of the Administrative Tribunals 9ules 5')6 provides that tribunal
shall follow as far as practicable the provisions of the 3"3 relating to the
procedure of the e.ecution of decree or judgment. %owever, this is the longest
chapter in the 3ode of 3ivil "rocedure which is considered @in respects
cumbersome process costing much time and energy of a weary decree holder.
There can be no logic to put the decisions or orders under a marathon process for
e.ecution and implementation after deciding the cases under a short and
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simplified procedure.A =ot only are that most of the tribunals facing a huge
backlog of pending cases.
Recommendation: Although tribunals play important role in administering
justice, there are some weakness of tribunal which need to be removed for the
interest of justice. The following steps may be taken/
&a- The appeal procedure should be fle.ible so that an aggrieved party may
prefer an appeal to the 2uperior court to redress his grievance.
&b- The trial of the tribunal should be open so that all parties concerned may
know about fair trial.
&c- The provision for legal aid should be adopted so that parties may
represent by legal e.perts like advocates.
&d- The udges of the Tribunals should be trained so that they can deal with
matter before it more efficiently.
&e- Bnsure freedom of judges of the tribunal and security of their tenure etc.
Conclusion: The proliferation of tribunals in the twentieth century has been a
special feature of the development of judicial administration in almost every
commonwealth countries. The number of tribunals and their importance have
increased so significantly that it is no longer justifiable to regard tribunals merely
as an appendage to the ordinary court of law. They are an integral part of the
ordinary legal process. This system of administrative justice has in the past
caused some concern as "rofessor 1icey rejected notions of separate system of
justice &droit administratiff- for resolving disputes between citi:en and the state.
2uch a view, however, is no longer tenable given the widespread functioning of
various tribunals now-a-days. The reasons for this growth of a system of tribunals
reflect both the perceived disadvantages of the common law courts, in terms of
formality, lack of speed, lack of e.pertise in some specialist areas of law, cost etc
and the conte.t of social or welfare state with the rise of welfare legislation. They
also reflect the perceived advantages of tribunals as bodies which follow informal
procedures, can hear cases relatively !uickly, are cheap, and which have
e.pertise in the particular subject matter. 8n tribunals proceedings are relatively
informal. The strict rules of evidence do not apply. Any person may appear before
it. Awards of cost are not usually made unless a party has acted frivolously or
ve.atious.

Selected +iblioraphy
+oo&
5. Administrative law/ %.;.9. ;ade M 3.>. >orsyth.
6. #egal 2ystem of Bangladesh/ Barrister Abdul %alim.
*. #ectures on Administrative law/ 3.H. Takwani.
0. "rinciples of civil litigation/ Bangladesh perspective/ 8shrat A:im Ahmed
and $d. Brshadul Harim.
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