Administrative Tribunal is a body set-up to exercise jurisdiction in respect of matters to, or arising out of the republic, or of any statutory public authority. Article 117 of the Constitution of Bangladesh sanctions the setting up of administrative tribunals. Administrative tribunals in Bangladesh owe their existence to the Administrative Tribunals Act, 1980. The emergence of administrative tribunals is associated with the concept and practice 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.  An administrative tribunal has exclusive jurisdiction to bear on and determine applications made by person in the service of the republic in respect of terms and conditions of his service including pension rights. It can also entertain applications in respect of any action taken in relation to him as a person in the service of the republic. Moreover, no application can be made to the Administrative Tribunal in respect of an order, decision, or action which can be set aside, varied, or modified by a higher administrative authority under any law in force, until such higher authority has taken a decision on the matter. Therefore, first, an application or appeal should be made to the higher administrative authority against the decision, order, or action. The higher administrative authority has to take the decision within two months from the date of the appeal or application made by the aggrieved. Upon expiry of the time period, it will be deemed that the higher authority has disallowed the appeal or application for review, and thereafter an application can be made to the Administrative Tribunal. Thus, an Application to the Administrative Tribunal should not be made while there are other alternative remedies available to the aggrieved person and should only be used as a last resort. In Bangladesh, any government employee or any public authority can file a suit to an administrative tribunal. But before that one shall have to fulfill the following criteria:

 

  • He should have availed of all the remedies available to him under service laws.
  • He should have locus standi in the subject matter.

 

The main powers and functions of the administrative tribunal are as follows:

 

  • Summoning and enforcing the presence of any person. To examine any person on oath.
  • Requiring the discovery and production of any documents.
  • Requisition of public order or a copy thereof from any office.
  • Requiring evidence on affidavit
  • Issuing commission for the examination of witnesses or documents.
  • Any proceeding before the tribunal shall be deemed to be a judicial proceeding.
  • If any difference in opinion among the members of the administrative appellate tribunal, a majority shall prevail.
  • A tribunal shall hold its sitting as such place as the government may fix.
  • If the chairman or any other member of the administrative appellate tribunal is unable to attend in course of any hearing, the hearing may continue before the other members.
  • An administrative tribunal may make any order in writing to transfer any suit at any stage of the proceeding to another administrative tribunal.
  • The members of the administrative tribunal or administrative appellate tribunal may make such arrangements as they consider necessary for the performance of the tribunal.

 

Any aggrieved person may prefer an appeal to the Administrative Appellate Tribunal. The appellate tribunal has jurisdiction to hear and determine appeals from any order or decision of an administrative tribunal. The appellate tribunal may confirm, set aside or modify any decision of the administrative tribunal. The order passed by the appellate tribunal is final and binding. The appellate tribunal consists of one chairman and two other members. The chairman has to be a person qualified to be a Judge of the Supreme Court or an officer in the service of the republic. However, he/she cannot be from a rank below an additional secretary of the government. For the other two members, one has to be an officer in the service of the republic not below the rank of joint secretary. The other member will have to be a person who is a district judge. There is also a time limit for filing an appeal to the Administrative Appellant Tribunals. Any aggrieved person by any order or decision of the administrative tribunal may prefer an appeal to the administrative appellate tribunal within three months from the date of making such an order or decision. The administrative appellate tribunal may admit an appeal after the period of three months but not later than six months if the appellant satisfies the appellate tribunal that he had sufficient cause for not preferring the appeal within three months. In addition, a party may apply to the Appellate Division of the Supreme Court for leave to appeal (i.e. as per article 103 of the constitution) against the decision of the Administrative Appellate Tribunal.

 

Law for Nations has represented a number of cases before Administrative Tribunal and Administrative Appellate Tribunal successfully.