22/11/2025
Procedure for Filing a Case in the Administrative Tribunal (Bangladesh)
The procedure for a public servant or employee of a statutory public authority to challenge a decision concerning the terms and conditions of their service involves several sequential steps, focusing on exhausting internal remedies before moving to the Administrative Tribunal (AT).
1. Exhaustion of Internal Remedies
Before filing an application with the Administrative Tribunal, the aggrieved person must first avail themselves of any existing provision for appeal or review against the order before a higher authority of the Government (Administrative Tribunals Act, 1980).
Mandatory Step: This appeal or review must be filed and exhausted.
Deemed Disallowance: If the higher authority fails to pass a decision on the appeal or review within two months from the date of filing, the appeal or review is deemed to be disallowed, and the person can then proceed to the Administrative Tribunal.
2. Filing the Application with the Administrative Tribunal
After exhausting internal remedies (or the two-month period has elapsed), the application is filed with the Administrative Tribunal.
Jurisdiction: The AT has exclusive jurisdiction over matters relating to the terms and conditions of persons in the service of the Republic or any statutory public authority, as listed in the ATA Schedule (e.g., Bangladesh Bank, Sonali Bank, etc.).
Limitation Period: The application must be filed within six months from the date of the concerned decision or order by the Government. This period starts after the internal remedy process has been exhausted or deemed disallowed.
Interim Orders: The Tribunal is empowered to pass an interim order in cases of emergency to prevent the abuse of the court process or if irreparable loss might be suffered by the aggrieved public servant.
3. Appellate Procedure
If the aggrieved person is dissatisfied with the order or decision of the Administrative Tribunal, they can prefer an appeal.
Forum: The appeal is filed before the Administrative Appellate Tribunal (AAT).
Limitation Period: The appeal must be filed within three months from the date of the Administrative Tribunal's order or decision.
Final Challenge: A decision of the AAT can be challenged by filing a civil petition for leave to appeal before the Appellate Division of the Supreme Court of Bangladesh (following Article 103 of the Constitution).
Can a Writ Petition be Filed in the High Court Division?
Generally, the power of the High Court Division to entertain proceedings concerning matters falling within the jurisdiction of the Administrative Tribunal is totally ousted (Article 117(2) read with Article 102(5) of the Constitution).
The Appellate Division in Bangladesh & ors Vs Sontosh Kumar Shaha & ors (6 SCOB [2016] AD) clarified the limited exceptions where a public servant may approach the High Court Division:
Limited Scope: A writ petition may be entertained only for the limited purpose of challenging the vires (legality) of a law or if there is a direct and sufficiently pleaded violation of fundamental rights.
Pleading Requirement: To invoke fundamental rights, the petition must lay a foundation for the violation with sufficient pleadings. Evasive or stray statements about discrimination or malafides are not enough.
Tribunal's Competency: The Appellate Division affirmed that the Administrative Tribunal is competent to deal with and adjudicate issues such as an order being without jurisdiction, coram non judice (not before the right person), or malafide (in bad faith). These matters are within the Tribunal's proper scope.
