"It appears to be an interim order and so should be subject to a review by higher authorities. It's quite difficult to say what will be the final decision in this regard," he said referring to the speaker's taking out his own medical bill.

In an interview with The Daily Star, Dr Akbar Ali, also a former cabinet secretary, said the prime minister, in the current context the chief adviser, can give a decision here under the Special Medical Attendance Rules, 1950 or the Jatiya Sangsad (JS) Secretariat Commission can do it under its general authority.

"If the decision does not go in favour of adjusting the said amount, the Comptroller and Auditor General's Office can ask him [the speaker] to refund the money," he added.

The Daily Star on last Thursday carried a news story on Sircar's drawing Tk 28 lakh as medical bill ignoring official objections. The same day, the speaker at a press conference protested the news and claimed whatever he has done was lawful and in good faith.

Asked if the speaker himself can approve an amount for his own expenditure, the former adviser said the sanctioning of the money flouted the General Financial Rules that say, "No authority should exercise its powers for sanctioning expenditure to pass an order that will be directly or indirectly to its own advantage."

"We must remember that the speaker's privileges act does not provide for any such facilities. This is subject to public servants rules and in this case, permission from the prime minister was needed," he said.

"If we go by the precedents, former speaker late Humayun Rashid Chowdhury had to take permission from the prime minister," said Akbar Ali, also a former finance secretary, in reference to the then prime minister's approving around Tk 35 lakh in medical expenses for Chowdhury who was suffering from kidney diseases.

In his statement to the press, the speaker claimed he has approved his medical bill under the authority of Jatiya Sangsad Secretariat Act, 1994. Asked whether the speaker can approve his medical bill under the authority of this act, Akbar Ali said the matter is supposed to be decided by the Jatiya Sangsad Secretariat Commission.

He, however, cited some other examples in the parliament secretariat. He spoke of a dispute between the audit office and parliament secretariat over whether some secretariat officers were entitled to mobile phones. The then speaker Humayun Rashid Chowdhury approved some mobile phones for certain employees of the parliament secretariat.

The then finance minister raised the issue of dispute at a meeting of the Jatiya Sangsad Secretariat Commission. The Commission directed that the facilities for the mobile phone should be discontinued. The then speaker who was chief of the Commission complied with the decision, Dr Khan remembered.

"So, theoretically we can say four things. First of all, this is an interim order and no final decision has yet been taken in this regard. Secondly, either the prime minister's or presently the chief adviser's approval should be taken for decision about this expenditure; or the matter should wait to be placed before the next meeting of the Jatiya Sangsad Secretariat Commission; and the final decision can either be taken by the CA or the Commission," said Akbar Ali.