Case Note of Secretary Ministry of Finance v. Md Masdar Hossain

Secretary Ministry of Finance v. Md Masdar Hossain and Others is a landmark case in Bangladeshi law that deals with the issue of the constitutional status of administrative tribunals and their jurisdiction.

The case was brought before the High Court Division of the Supreme Court of Bangladesh by Md Masdar Hossain and other government employees who challenged the validity of the Administrative Tribunal Act 1980. The Act established administrative tribunals to adjudicate disputes between public servants and the government.

The petitioners argued that the Act was unconstitutional because it excluded the jurisdiction of regular courts in matters relating to employment of public servants. They argued that the Constitution of Bangladesh guarantees the right to access to justice and the establishment of administrative tribunals violated this right.

The High Court Division held that the Act was unconstitutional because it violated the fundamental right to access to justice. The Court also held that the administrative tribunals were not constitutional courts and did not have the power of judicial review. The Court declared that the jurisdiction of the administrative tribunals was limited to administrative matters and did not extend to matters of the violation of fundamental rights.

The government appealed to the Appellate Division of the Supreme Court of Bangladesh, which overturned the High Court's decision. The Appellate Division held that the administrative tribunals were constitutional courts and had the power of judicial review. The Court also held that the exclusion of regular courts from matters relating to employment of public servants did not violate the right to access to justice.

The Court observed that the establishment of administrative tribunals was intended to provide an efficient and speedy mechanism for resolving disputes between public servants and the government. The Court also noted that the Constitution of Bangladesh allowed for the establishment of specialized courts to deal with specific areas of the law.

The judgment in this case has had far-reaching implications for the jurisdiction of administrative tribunals in Bangladesh. It has established that administrative tribunals are constitutional courts and have the power of judicial review. However, the decision also highlights the importance of ensuring that the right to access to justice is protected, particularly in the context of administrative law.