Govt Service Ordinance: Compulsory retirement to replace dismissal for misconduct in govt job
Advisory Council has approved several amendments to service ordinance, says Fouzul Kabir
Fresh amendments
- Right to appeal introduced
- Opinion from PSC must be sought before enforcing punishment
- Financial benefits will be provided based on service duration
- Three-member committee will conduct investigation instead of one
- Definitions of misconduct, insubordination, absenteeism added
- Gazette of updated ordinance likely next week
The government has decided to further amend the Government Service (Amendment) Ordinance 2025 to reduce the punishment for misconduct, softening its stance following protest rallies and work stoppages organised last month by employees at the Secretariat.
According to sources, the ordinance is being amended to remove the clause on disobedience and the penalties of dismissal or termination from service. The clause regarding inciting or encouraging an employee to be absent from work is also being removed.
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Earlier on 25 May, the Government Service (Amendment) Ordinance 2025 was issued bringing changes in the Government Service Act 2018. The ordinance included provisions that allowed dismissal or termination as the maximum punishment without a departmental case, triggering opposition from government staff.
In response to the protests, the Cabinet Division formed a three-member review committee on 4 June, headed by Law Adviser Asif Nazrul.
The revised ordinance will now replace the previous provision of dismissal with "compulsory retirement" as the maximum penalty for proven misconduct. Additionally, the right to appeal for penalised government employees will be included.
This decision was made at a meeting of the Advisory Council Committee held yesterday, chaired by the Chief Adviser to the interim government Dr Muhammad Yunus.
When asked about the matter, Energy Adviser Fouzul Kabir Khan told TBS, "The Advisory Council has approved several amendments to the Government Service (Amendment) Ordinance 2025.
"The provision for dismissal has been specifically abolished and the opportunity for appeal added. In short, the ordinance is being revised to address the objections raised by Secretariat staff," he said.
Sources said the compulsory retirement will be applicable regardless of the employee's remaining service years. The government will also provide financial benefits based on the employee's length of service.
Moreover, the opinion of the Public Service Commission (PSC) must be obtained before enforcing compulsory retirement.
The revised ordinance also changes the structure of the investigation process. Instead of a single officer, a three-member committee will now investigate allegations. In the case of female employees, one member of this committee must be a woman.
The ordinance defines "misconduct" as disobedience, absenteeism or dereliction of duty, inciting or encouraging others to be absent or refrain from duties, and obstructing an employee from attending or performing duties.
A senior official from the public administration ministry stated that with specific criteria now defined, no one can take arbitrary action against an employee.
According to ministry sources, a new clause will be added to clarify that if someone is absent for a personal emergency without notifying a supervisor, it will not automatically warrant disciplinary action.
The notice must specify whether the accused employee wishes to attend the hearing in person. To ensure impartial investigation, a three-member inquiry committee must be formed within three days.
The probe committee must submit its report within 14 days of receiving the order. If the report is not submitted within the stipulated time, it will be considered a sign of incompetence on the part of the committee members, and this will be recorded in their Annual Confidential Reports (ACRs). If necessary, punitive action may also be taken against the investigation committee members.
If someone is punished under this ordinance, they will have the right to appeal to the President within 30 working days of receiving the order. Additionally, if any action is taken against an employee under this ordinance, it will be recorded in their ACR.
These changes will now be incorporated into a revised ordinance, which will be reissued after receiving presidential approval. According to ministry sources, the updated ordinance may be gazetted next week.
Badiul Kabir, president of a faction of the Bangladesh Secretariat Employees' Unity Council, said they were informed that the Advisory Council had decided to revise the law further. He said they had already submitted proposals to the advisory committee about the necessary amendments. If the amendments are made accordingly, they would have no objections.
"If the provision for dismissal based solely on a show-cause notice is abolished, it would be a positive change for employees at all levels," he said.
