Article 135 Protection against unfair dismissal
Dismissal, etc. of civilian public officers
This is the core constitutional job security of civil servants. It gives them a right to be heard before losing their post, which helps them resist political pressure.
A deputy secretary is accused of misconduct in handling a tender. The ministry wants to remove her from service, so it starts disciplinary proceedings under the government servants' discipline rules, which must be applied in line with Article 135.
Under Article 135(2) she must be given a reasonable opportunity to show cause why she should not be removed. She receives a written charge, can reply in writing and can ask for a personal hearing before the inquiry officer reports.
The penalty can only be imposed by the authority that appointed her or a higher one, never by a subordinate authority. If a junior officer purports to dismiss her, the order is void under Article 135(1) regardless of the merits.
If she is removed without a fair chance to answer, she can appeal within the department and then go to the Administrative Tribunal. Orders made in breach of Article 135 are regularly set aside by tribunals and the courts.
In plain English
How Article 135 works
Article 135 protects civilian government officers from arbitrary punishment. No officer can be dismissed, removed or reduced in rank by an authority junior to the one that appointed them. Before any of those penalties, the officer must be given a reasonable opportunity to show cause why the action should not be taken. There are three exceptions: where the penalty follows a criminal conviction, where the authority records in writing why giving a hearing is not reasonably practicable, and where the President decides a hearing would harm state security. Ending a written contract by proper notice is not treated as removal.
In practice
Article 135 is one of the most frequently relied on provisions in service litigation before the Administrative Tribunals and, on appeal, the Administrative Appellate Tribunal. Tribunals have set aside dismissals where no proper show cause notice was given or where the punishing authority was subordinate to the appointing authority. The exception allowing the authority to dispense with a hearing for recorded reasons is narrowly read. Members of disciplined forces are generally governed by their own laws, and Article 135 applies to persons holding a civil post.
The text
What Article 135 says
135. (1) No person who holds any civil post in the service of the Republic shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appointed.
(2) No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken:
Provided that this clause shall not apply –
(i) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal offence; or
(ii) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an opportunity of showing cause; or
(iii) where the President is satisfied that in the interests of the security of the State it is not expedient to give that person such an opportunity.
...
(4) Where a person is employed in the service of the Republic under a written contract and that contract is terminated by due notice in accordance with its terms, he shall not, by reason thereof, be regarded as removed from office for the purposes of this article.
Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 135: frequently asked questions
Can a government employee be dismissed without a hearing in Bangladesh?
Generally no. Article 135(2) requires a reasonable opportunity to show cause. A hearing can be dispensed with only after a criminal conviction, where the authority records in writing that it is not reasonably practicable, or where the President finds it against state security.
Who can dismiss a civil servant?
Only the authority that appointed the officer or a higher authority. Article 135(1) bars dismissal, removal or reduction in rank by an authority subordinate to the appointing authority, and an order made in breach of this rule can be set aside.
Sources
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
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