Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Public Servants (Dismissal on Conviction) Ordinance, 1985 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 3(3) |
The writ-petitioner-respondent shall be deemed to have been stand dismissed from the post of the principal of the Madrasah in question on the date of his conviction by the Magistrate, First Class, Bandarban in GR Case No. 37 of 2003. The writ-petitioner shall be re-instated in the post of the principal of the Madrasah in question forthwith, if the order of conviction and sentence passed against him by the Magistrate, First Class, Bandarban is set aside in the appeal filed by him. .....Abdul Hamid (Md) =VS= Moulana Obaidul Hakim, (Civil), 2018 (2) [5 LM (AD) 111] ....View Full Judgment |
Abdul Hamid (Md) =VS= Moulana Obaidul Hakim | 5 LM (AD) 111 |
Section 3 (3) |
read with
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BADC & Ors Vs. Abdur Razzaque | 5 BLT (AD) 268 |
Section 3 |
The petitioner, having been acquitted of the charge made against him, is entitled to be reinstated to his original post held at the time of suspension /dismissal under section 3 of the Public Servants (Dismissal on Conviction) Ordinance, 1985. The inordinate delay in considering his appeal was good enough reason for the petitioner to be aggrieved and to file the writ petition. If an order in passed without jurisdiction then that is coram-non-judice and the aggrieved person may come for relief under the writ jurisdiction although there is an alternative forum available for redress as has been rightly found by the High Court Division. Chairman and another vs Sakhawat Hossain 9 BLC (AD) 227. |
Chairman and another vs Sakhawat Hossain | 9 BLC (AD) 227 |