Administrative Tribunal in Bangladesh – How to efficiently appeal in 2021

The Administrative Tribunal is a body established to have jurisdiction over problems relating to or arising out of the republic or any statutory governmental entity. The notion and practise of administrative adjudication of disputes between the executive organ of the state and those of the bureaucracy on the one hand, and citizens and non-government entities on the other, is linked to the creation of administrative tribunals. The Crown Proceedings Act of 1947 paved the way for the formation of administrative tribunals in the United Kingdom. These tribunals’ authority is often limited to certain topics such as social security, registration of children’s homes, and municipal taxation. In the United States,

Administrative Tribunal Cases in Bangladesh & who can go to Administrative Tribunal:

Personnel in the government’s or other statutory public authority’s employment can seek remedy in Administrative Tribunals exclusively for issues relating to their terms and conditions. Any government official or employee of a statutory public authority who is offended by any order or decision affecting his or her terms and conditions of employment, including pension benefits, or by any action taken against him may file a complaint with an Administrative Tribunal.
However, no government official or official of any statutory public authority can apply to an Administrative Tribunal for an order, decision, or action under any legislation pertaining to the terms and conditions until such higher authority has issued such order, decision, or action.

Jurisdiction of the Administrative Tribunal:

An Administrative Tribunal shall have sole jurisdiction to hear and decide applications made by any person in the service of the Republic or of any statutory public authority concerning the terms and conditions of his service, including pension rights, or concerning any action taken in relation to him as a person in the service of the Republic or of any statutory public authority.

Limitation period to file a case: 

An application has to be filed before the Administrative Tribunal within 06 (Six) months from the date of making or taking decision by the departmental higher authority. If the application is not filed within the stipulated time, it will be barred by limitation.

Power & proceduresof Administrative Tribunal:

A Tribunal has all the powers of Civil Court regardingtrial of an application or appeal in respect of the following matters such as: 

(a) Summoning,Enforcing the attendance of any person and Examining him on oath;

(b) Requiring the discovery and production of any document; 

(c) Requiring evidence on affidavit;

(d) Requisitioning any public record or a copy thereof from any office;

(e) Issuing commissions for the examination of witnesses or documents etc.

Appeal:

The Administrative Appellate Tribunal has jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribunal. 

Limitation Period for Appeal:

Any person aggrieved by an order or decision of an Administrative Tribunal may, within three months from the date of making of the order or decision, prefer an appeal to the Administrative Appellate Tribunal. An appeal may be admitted after the period of three months but not later than six months, if the appellant satisfies the Administrative Appellate Tribunal that he had sufficient cause for not preferring the appeal within three months.The Administrative Appellate Tribunal can confirm, set aside, vary or modify any order or decision of an Administrative Tribunal, and the decision of the Administrative appellate Tribunal in an appeal.

Deemed result of an Appeal:

Where no decision on an appeal or application for review in respect of an order, decision or action referred to in the preceding proviso has been taken by the higher administrative authority within a period of two months from the date on which the appeal or application was preferred or made, it shall, on the expiry of such period, be deemed, for the purpose of making an application to the Administrative Tribunals under this section, that such higher authority has disallowed the appeal of the application.

Jurisdiction of Members of the Administrative Appellate Tribunal:

The Administrative Appellate Tribunal consists of one Chairman and two other members who shall be appointed by the Government.

Jurisdictions of the members of the Administrative Appellate Tribunal are as follows:

  • • In the event of any difference of opinion among the members of the Administrative Appellate Tribunal, the opinion of the majority shall prevail.
  • • If any member of the Administrative Appellate Tribunal is absent or unable to attend any hearing, the Chairman and the other present member candeal with appeals.
  • • The member or the Chairman of the Administrative Appellate Tribunal can make administrative arrangements as he considers necessary for the performance of the functions of the Tribunal.
  • • The Administrative Appellate Tribunal cantransfer any case from one Administrative Tribunal to another Administrative Tribunal at any stage of the proceedings on its own motion or on the application of any party or by way of a reference from an Administrative Tribunal by an order in writing.

Binding effect of the decision/ judgment of the tribunal

All decisions and orders of the Administrative Tribunal and Administrative Appellate Tribunal are binding upon the Administrative Tribunals and the parties concerned.

Legal Advice regarding Administrative Tribunal Cases by CLP:

Whether you need assistance determining your right to go to Administrative Tribunal or you need representation to ensure your legal rights are protected while you participate for case regarding Administrative Tribunal, the Barristers, Advocates, and lawyers at CLP are highly experienced to deal with such issues. In addition to handling various issues related to the said matter amongst domestic clients on a regular basis; it also has experience at consulting and assisting numerous international clients. For queries or legal assistance, please reach us at:  

E-mail: [email protected]

Phone: +8801700920980 | +8801947470606

Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

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