The Public Servants (Dismissal On Conviction) Ordinance,1985).pptx

now repealed The Public Servants (Dismissal On Conviction) Ordinance,1985

1. The Public Servants (Dismissal On Conviction) Ordinance,1985 1. Short Title: The Public Servants (Dismissal On Conviction) Ordinance,1985 2.Definitions: (a) “Public Servant” means a person in the service of the Republic, almost all except a member of any defense service or holds any office which is filled by election under any law. (b) “Schedule” means the schedule annexed to this Ordinance. What is in schedule? Under any law for any crime where -death sentence, life term imprisonment, more than 1 year’s imprisonment or more than of tk. 1000 pecuniary punishment or both can be awarded. The moot(debate) point is- Stated maximum punishment or awarded punishment ? 3. Dismissal of public servant on conviction: (1) A public servant shall on his conviction of a criminal or (under any law) specified in the Schedule, stand dismissed from service on the date of delivery of the judgement or order convicting him.

2. (2) If court comes to know about the person concerned in the course of the trial inform his employer of his conviction immediately after the delivery of judgement or order. (3) If a public servant dismissed is acquitted on appeal by a Appellate Court, he shall be re-instated in service, provided he has not already attained the age of superannuation or the post or service concerned has not been abolished. 4. Exemption 1.Where the president is satisfied to exempt any public servant from the application of the provisions of section 3, he may, by order direct that section 3 shall not apply to that public servant 2. When dismissal punishment is waived by the honorable president then other authority (not below the appointing authority) if thinks reasonable can take other punitive measures. 5. Application of other laws, etc: The provision s of this Ordinance shall be in addition to and not in derogation of any other law, rule or regulation.