Regulation 16(ka)
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Empowers the Governing body to constitute enquiry committee—
The Governing body is empowered under regulation 16(ka) to constitute an
enquiry committee consisting of 5 (five) members to enquire into the
allegations of misconduct and moral turpitude against a teacher of a
Non-Government college. The constitution of a three member inquiry
committee by the national college being illegal the High Court Division
declared the suspension of the writ petitioner made on the recommendation
of such committee as arbitrary and passed without any lawful authority. The
apex court held the High Court Division was correct in making the rule
absolute. Solaiman Chowdhury (AFM) Vs. Md. Mohibiiilah and others 14 MLR
(2009) (AD) 164.
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Solaiman Chowdhury (AFM) Vs. Md. Mohibiiilah and others |
14 MLR (AD) 164 |
Teachers of Lalmatia Mohila College-
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সরকারিকৃত কলেজ শিক্ষক ও
কর্মচারী আত্তীকরণ বিধিমালা,
২০১৮
Rule 4 r/w Rules 5, 6 and 12
Non-Government Degree College Teachers Service Regulations, 1994
জাতীয় বিশ্ববিদ্যালয়ের
অধিভুক্ত বেসরকারী কলেজ
শিক্ষকদের চাকুরীর শর্তাবলী
রেগুলেশন, ২০১৫
Teachers of Lalmatia Mohila College whose salary was degraded after the
nationalization of the College–– Mr. Md. Enayetullah without having any
requisite qualification got an appointment letter as an Assistant Professor
in the aforesaid college on the date of putting embargo that is on
26.02.2019 and he is receiving higher salary holding the post of Assistant
Professor and thus the writ respondents have shown utter discriminatory
treatments towards the writ petitioners and the High Court Division allowed
the aforesaid discrimination in passing the impugned judgment and order and
the same is liable to be set aside.
The writ petitioners are the regular teachers of the Lalmatia Mohila
College, now Lalmatia Government Moahila College and they were appointed
and promoted in their respective posts in accordance with the prevailing
Rules and Regulations and they have no disqualifications to be absorbed in
the Lalmatia Government Mohila College as per provisions of Rule 4 read
with rule 5 and 6 of the Rules, 2018 as discussed above, but the High Court
Division fell into error in interpreting the provisions of the same Rules
and came into a wrong decision in passing the judgment and order impugned
against. ––Accordingly, this petition is disposed of. The impugned
judgment and order of the High Court Division is set aside. The respondents
are directed to conclude the nationalization process of services of the
petitioners as a Teachers of Lalmatia Government Mohila College, Lalmatia,
Mohammadpur, Dhaka in accordance with law in the manner as it has already
been done in case of their colleagues within 3(three) months. .....Rukhsana
Ahmed Ruxi =VS= Ministry of Education, BD, (Civil), 2024(1) [16 LM (AD)
521]
....View Full Judgment
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Rukhsana Ahmed Ruxi =VS= Ministry of Education, BD |
16 LM (AD) 521 |