Emigration Ordinance, recruiting license being, Emigration Ordinance, 1982, section 14 of the Emigration Ordinance, 1982, cancellation of the license and forfeiture of securities; It is a mandatory provision of law that before cancellation of a license, the authority must give a chance to the licensee of being heard, failing which the cancellation has no basis in the eye of law. ...Kapasia Overseas Ltd. Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 219 ....View Full Judgment

In this case, the order does not show nor there is anything on record to show that the respondent has given any chance of hearing to the petitioner before making such an order of cancellation and forfeiture of securities. Therefore, the order is violative of the section 14(1) of the ordinance and was thus bad in law. ...Kapasia Overseas Ltd. Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 219
The writ Court will not examine and weigh the aggrieved person’s case on merit as an Appellate Court but to ensure that he was given a fair deal by the authority in accordance with law. ...Kapasia Overseas Ltd. Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 219 ....View Full Judgment

Cancellation of licence and forfeiture of security without proper show-cause notice— Violation of natural justice—
Licence is a legal privilege and not a charity. Once granted licence can not be cancelled without sufficient ground and proper show cause notice providing adequate scope of defence. Show cause notice is not a mere technicality, nor it is an idle ceremony. The show cause notice must not be vague and ambiguous. Cancellation of licence without proper show cause notice and without reasonable opportunity of defence is grossly arbitrary and violative of natural justice and as such is not sustainable in law. Government of Bangladesh and others Vs. Md. Tajul Islam. 4, MLR (1999) (AD) 5.

Cancellation of the respondent’s license—Satisfaction’—The Court would always insist that an authority exercising such a drastic power of cancellation act strictly according to law and always with fairness. Section 14(1) makes satisfaction’ of the Government a precondition of the exercise of power there under. The order of cancellation at least must show that the Government was satisfied as to the necessity of cancellation of the license for violation of any of the conditions stated therein. [Para-21]
Whether the statutory show cause notice as served on the respondent under section 14(1) of the Emigration Ordinance, 1982 is legal and valid by majority decision — the order of cancellation of the respondent’s licence (Annexure “H”) does not show that the Govt. was either “satisfied” as required under section 14(1) or that the respondent’s long representation was ever brought to its notice. The order, on the face of it, thus, was a bad order in the eye of law. [Para-22] Govt. of Bangladesh & Ors Vs. Md. Tajul Islam 5 BLT (AD)-186

The impugned order of cancellation of license of the petitioner having been passed without any formal charge against the petitioner and the petitioner having not given effective opportunity of defending himself whether the order of cancellation being colourable exercise of power and being violative of the principles of natural justice ?
The Appellate Division observed that as it appears the High Court Division discharged the Rule holding that the petitioner was directed to show cause as to why his license should not be cancelled on the basis of the allegations made by Abdul Kader and Shahadat Hossain and in his reply the petitioner admitted his guilt and sought for time to make payment to Abdul Kader and Shahadat Hossain by instalments and by Annexure-F he was also directed to appear before the respondent No.2 on 18.5.1999 for a personal hearing and then only the license of the petitioner was cancelled and the security money was forfeited.It thus appears that the petitioner was given chance even for personal hearing but he did not avail the same. Moreover he also admitted his guilt. Accordingly the petition is dismissed.
Humayun Kabir -Vs.- Government of Bangladesh represented by the Secretary, Ministry of Labour and Manpower, Secretariat Building, Ramna, Dhaka and others (Civil) 8 ALR (AD) 315-317