Alternative Remedy:
The Tribunal is created as an 'alternative' forum of the High Court Division in respect of specific purposes- The observations made in Shaheda Khatun (supra) that if the action complained as is found to be coram non judice, without jurisdiction or malafide, the judicial review is available are based on the decisions on different premises and the said views cannot be applicable in service matters in presence of an alternative forum, and this forum is created as per provisions of the constitution. It is to be borne in mind that no case can be an authority on facts. The Tribunal is created as an 'alternative' forum of the High Court Division in respect of specific purposes. If any administrative action is found without jurisdiction or coram non judice or malafide, the Tribunal is competent to deal with the same and adjudicate these issues satisfactorily. These issues are within its constituents of the Administrative Tribunal. Government of Bangladesh -VS- Sontosh Kumar Shaha, [4 LM (AD) 143]
Alternative remedy
Section 561A of the Code of Criminal Procedure: Availability of alternative remedy by way of appeal or revision will not stand on the way when the question of law and interpretation of statute is involved. (Para-16, Mr. Justice Md. Joynul Abedin). 60 DLR(AD)147: Government of the People's Republic of Bangladesh & others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku 40 DLR(AD)206, 49 DLR(AD)111, 58 DLR 106, 149 ITR(SC)696, 207 ITR(Madras)971, 214 ITR(Madras)778, 248 ITR(SC)830, AIR 1948(PC)82, AIR 1954(SC)362, AIR 1979(SC)677.
