Aps news Law desk
“At the dictation of the higher authority, who has no power to dictate no order should be passed by any other authority which has not been contemplated in the law.”
It was held in the case of Rama Prasanna and others -Vs.- Ministry of Religious and others (Spl. Original) Author Judge Mr. Justice Obaidul Hasan, Published Data: 03-17-20 “At the dictation of the higher authority, who has no power to dictate no order should be passed by any other authority which has not been contemplated in the law.“
Observation of High Court:
The High Court Division observed that now a days, it has become an everyday incidence that the local MPs and Ministers are in practice to issue DO letter to appoint Kazis, School/College/Madrasa Managing Committee Presidents etc. Even it is widely known that officers in charge of police stations are appointed taking DO letter of the local MPs and Ministers into account.
Recently it has been widely circulated in the newspapers that even the Ministry of Public Administration cannot work independently for the cause of interference on part of the MPs and Ministers. The Ministry of Public Administration gives posting to the public servants in different ministries considering their competency. But the mighty Ministers and MPs create obstruction in implementing the orders passed by the Ministry of Public Administration.
It is very unfortunate and frustrating that the Ministers and MPs want to keep the persons in his area or office as they are close to them which does not sound good. If this situation or practice is allowed to continue the Public Administration structure will collapse, people of the country will lose its confidence upon the administration.
Ultimately people of the country will suffer. The hard earned democracy which has been earned by laying high price will be frustrated. Time has come to think over the matter. The persons who are in the top position of the country should come forward to stop this kind of malpractice for the sake of upholding democracy and independent administration.
Rama Prasanna and others -Vs.- Ministry of Religious and others (Spl. Original)
9 ALR (HCD) 176-190
Source| Supreme Court Website and ALR Law Journal.
