According to article 49 of the constitution, “The president shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.”
As reported by Prorthom Alo, within six months of being punished, executive magistrate of the department of environment (DoE) and former assistant commissioner (land) Faizunnassa Akther has been pardoned (exempted) by president Md Shahabuddin in consideration of being a ‘junior officer’.
Not presidents in every country of the world possess the power to pardon. We do have it in our constitution. That does not mean it will continue to be used arbitrarily. People expect that the presidential power of pardon would not be misused.
Due to irregularities centering mutation (Namzari), a departmental case had been filed against Faizunnassa Akhter on charges of 'misconduct' under Section 3 (b) of the Government Employees (Discipline and Appeal) Rules, 2018.
The allegation brought against her was proved after the investigation concluded following all the proper legal procedures, as per the rules. Later the ministry of public administration demoted her to the lower pay scale for two years, meaning Faizunnassa was given a minimum punishment by demoting her to the lowest step of the sixth pay grade (Tk 35,500-67,010).
The notice, issued on 1 August further stated, since Faizunnassa appealed within the stipulated time for exemption from the minimum punishment awarded to her, the president being kind has ordered that the ‘appellant is a junior officer’ and her appeal is being granted considering the tenure of her service.
Faizunnassa Akhter joined government service in 2014. In that sense, even after completing 10 years of service, how can she still remain a ‘junior officer’? It needs to be considered whether the law has been misused here.
Former cabinet secretary Ali Imam Majumder commented, if someone is in his or her first two years of service or as an apprentice, they can be labeled ‘junior officer’. Someone cannot be labeled a ‘junior officer’ after being in service for 10 years.
Earlier, many people convicted in murder cases have also been released by the president’s pardon. Even there are examples of fugitive convicts being given the facility of president’s pardon by bringing them back to the country.
Such bad examples have been set indeed under recommendation of the executive branch on political consideration. Repetition of this is not desired. However, if a person falls seriously sick inside the prison or grow weak from old-age complications, they can receive special sympathy.
In order to ensure transparency and accountability in the public administration, the policy of eliminating evil and following good conduct needs to be upheld. If penalised officers or employees are exempted from punishment in any possible way, there will be nothing called discipline in the administration.
If there were any political influences in case of government officer Faizunnesa being pardoned or not, needs to be investigated too. If officials one by one have their punishments pardoned after being punished at the administrative tribunal, it will raise questions about the organisation’s authority as well as send a wrong message to the administration.
Not presidents in every country of the world possess the power to pardon. We do have it in our constitution. That does not mean it will continue to be used arbitrarily. People expect that the presidential power of pardon would not be misused.
In order to ensure transparency and accountability in the public administration, the policy of eliminating evil and following good conduct needs to be upheld. If penalised officers or employees are exempted from punishment in any possible way, there will be nothing called discipline in the administration.