Bangladesh Chemical Industries Order Enterprise (Nationalization) [XXVII of 1972] Case Reference

Bangladesh Chemical Industries Order Enterprise (Nationalization) [XXVII of 1972]

Article 11-If the Ministry dictates the Corporation in all matters then the purpose of clause (1) of Article 11 will become nugatory. There is, of course, no doubt that the Ministry has the control and superintendence over the Corporation but the Ministry cannot interfere in its internal management nent without concurrence of the Board of Directors.

The Appellate Division held that for harmonious construction, both clause (1) and (2) must be read together. Consideration of clause (2) in isolation without considering the other clause cannot give a harmonious interpretation. If the Ministry dictates the Corporation in all matters then the purpose of clause (1) of Article 11 will become nugatory. There is, of course, no doubt that the Ministry has the control and superintendence over the Corporation but the Ministry cannot interfere in its internal management without concurrence of the Board of Chemical Industries Directors. Therefore, the letter dated 29.11.2007 issued by the Senior Assistant Secretary of the Ministry of Industry was malafide exercise of power. The concerned authority of ZFCL recommended the appointment of the writ-petitioners to Bangladesh Corporation which after considering everything recommended the absorption of the writ-petitioners against the vacant posts. After that, the writ-petitioners were appointed to the said posts and no complaint was made by the Company about their performance. For the reasons best known to the Ministry, it instructed the Corporation to terminate the writ petitioners job. Therefore, the orders of were termination not termination simpliciter. Consequently, this is the outcome of arbitrary exercise of power in a malafide way and as such, the High Court Division was justified in making the Rule absolute declaring the orders of termination to have been passed without lawful authority and to be of no legal effect. and Chemical Ashuganj Fertilizer Company Limited, and others Vs. Md. Abu Sufian Bhuiyan and another. (Civil) 15 ALR (AD)129-134

The Appellate Division further finds that the letter dated 29.11.2007 reveals that there was an inquiry about the appointment of the writ-petitioner-respondents and pursuant to the said inquiry, the writ petitioner-respondents were terminated from service by the letter dated 11.12.2007. Therefore, it cannot be said that the writ petitioner-respondents were terminated from service and in fact, they were dismissed from service in the garb of termination. In the light of the findings made before, the Appellate Division does not find any substance in these appeals. Accordingly, all the appeals are dismissed. Ashuganj Fertilizer and Chemical Company Limited, and others Vs. Md. Abu Sufian Bhuiyan and another. (Civil) 15 ALR (AD)129-134