In administrative law, a tribunal is an adjudicating authority that is neither a court nor an executive department, but is conferred with judicial powers to resolve special disputes. Under Article 117(1) of the Constitution of Bangladesh, the Parliament is empowered to establish administrative tribunals, which are governed by the Administrative Tribunals Act, 1980, and the Administrative Tribunals Rules, 1982. These tribunals serve as specialized forums for the quick and affordable resolution of civil service disputes for individuals employed by the Republic or statutory public authorities. To access these tribunals, an aggrieved person must exhaust all available remedies under service laws and possess a direct, legitimate interest in the matter.
Currently, administrative tribunals are composed of a single judge appointed by the government from among current or former District Judges. Concerns have been raised regarding the impartiality of these appointments, as the government is frequently a party to the cases heard. It is suggested that the Act be amended to establish explicit, merit-based criteria for appointments and to consider the use of benches rather than single-judge panels to ensure fairer justice. Additionally, the tribunals currently lack the authority to grant stay orders or injunctions as ad-interim measures, a power deemed essential for the proper dispensation of justice.
Further issues include the lack of established terms of office for tribunal members, leaving them dependent on executive discretion, which may undermine their independence. The government has also yet to formulate specific rules regarding the terms and conditions of service for these members. Furthermore, litigants are currently restricted to filing appeals against tribunal decisions, with no provision for review. Given the increasing caseload and delays, there is a call for the establishment of more tribunals to ensure the speedy resolution of disputes.
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