Decided on March 02,1977

Mosharraf Hossain Appellant
Bangladesh Jute InĀ­Dustries Corporation Respondents


KEMALUDDIN HOSSAIN J. - (1.) An employee of Bangladesh Jute Industries Corporation, against whom Corporation had started a disciplinary proceeding for alleged tampering with the rate of work in the tender form, filed a suit in the Court of Munsif, Chittagong, challenging authority of the Corporation to draw the disciplinary proceeding against him without jurisdiction, and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the prayer for temporary injunction.
(2.) The learned Judges held that the Corporation had the jurisdiction to deal with the matter of delinquency of its officer, who is guilty of misconduct and that the learned Subordinate Judge wrongly held that the Corporation had no authority to draw up the disciplinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintiff and consequently exercised his jurisdiction wrongly.
(3.) Mr. Ahmad Sobhan challenging the order of the High Court has, first, submitted that the learned Judges of the High Court following Noman's case, 16 DLR 537, ought to have held, that the Corporation, a nationalised organisation, could not, without framing Rules, start any disciplinary proceeding against the officer. We reserve our opinion on the correctness of the decision in Nomans case. The point submitted is a question of merit of the suit, and so the learned Judges made no error in not adverting to Noman's case.;

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