section 45(5)
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Regulation No. 7 of the Enquiry Committee and Tribunal (Teachers and
Officers) Regulations, 1980;
section 45(5) of the First Statute of the University of Dhaka and Article
52 of the Dhaka University Order, 1973:
In the instant case, prior to referring the allegations to the Enquiry
Committee set up by the Syndicate for enquiry into the allegations brought
against the petitioner, the Syndicate omitted to frame a formal charge
against the petitioner with a statement of the allegations on which the
charge is based and also specifying therein the penalty proposed to be
imposed in terms of Regulation No. 7 of the Enquiry Committee and Tribunal
(Teachers and Officers) Regulations, 1980 and hence, the entire exercise by
the respondent No. 2 University of Dhaka and its officials leading up to
the purported demotion of the petitioner in service by the Syndicate is
void ab-initio and, as such, non est in the eye of law, rendering the said
purported demotion to be without lawful authority and is of no legal
effect. Moreover, under section 45(5) of the First Statute of the
University of Dhaka only those orders of the Syndicate which are passed on
the recommendation of the Tribunal are appealable, whereas, in the instant
case, since the impugned order of demotion of the petitioner in service was
passed by the Syndicate without any recommendation of the Tribunal, there
is no appealable order from the Syndicate and, hence, no question of
preferring any appeal under Article 52 of the Dhaka University Order, 1973
arises and, thus, there is no applicability of the decision reported in 44
DLR (AD) 305 in the facts and circumstances of the case in hand. ...Samia
Rahman Vs. Bangladesh and others, (Civil), 17 SCOB [2023] HCD 182
....View Full Judgment
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Samia Rahman Vs. Bangladesh and others |
17 SCOB [2023] HCD 182 |
Article 52
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Article 52 of the Dhaka University Order, 1973:
The learned Advocate appearing for the respondent Dhaka University submits
that the petitioner filed the instant writ petition prior to disposal of
the appeal and as such, the instant writ petition is premature and the same
is not maintainable. Article 52 of the Order, 1973 provides provisions for
appeal to the Chancellor. Challenging the Syndicate’s decision and the
office order temporarily releasing the petitioner from duties, he preferred
an appeal to the Chancellor. Clause 45(5) of the First Statutes states that
appeal to the Chancellor can be made against any order passed by the
Syndicate on the recommendation of the Tribunal. In this case, the
Syndicate’s decision was taken without any recommendation of the
Tribunal. Therefore, the decision and subsequent office order in question
are not appealable under Article 52 of the Order, 1973. Authority for this
proposition of law is the case of Samia Rahman vs. Government of Bangladesh
and others, 17 SCOB [2023] HCD 182 in which one of us was party. The appeal
in question was misconceived and not being a statutory appeal, the instant
writ petition is maintainable. .....Prof. Dr. Md. Rahmat Ullah Vs.
Bangladesh & ors, (Spl. Original), 19 SCOB [2024] HCD 140
....View Full Judgment
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Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors |
19 SCOB [2024] HCD 140 |
Section 52
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The Rajshahi University Act, 1973
Section 51 r/w
The Dhaka University Act, 1973
Section 52
Awarded the punishment of Censure– Without exhausting the appellate forum
of filing appeal before the Chancellor under section 51 of the Act, 1973
wrongly filed the writ petition before the High Court Division which is not
maintainable in the eye of law– A case of Dhaka University which is
guided by the Dhaka University Act, 1973. The provision of section 51 of
the Rajshahi University Act, 1973 is almost similar to the provisions of
section 52 of the Dhaka University Act, 1973. In view of the foregoing
discussions we are also of the view that the writ petitioner-respondent
No.1 without exhausting the appellate forum of filing appeal before the
Chancellor under section 51 of the Act, 1973 wrongly filed the writ
petition before the High Court Division which is not maintainable in the
eye of law, but the High Court Division without applying the judicial mind
passed the impugned judgment and order dated 22.02.2021. .....Rajshahi
University, Bangladesh =VS= Md. Ruhul Amin, (Civil), 2022(1) [12 LM (AD)
304]
....View Full Judgment
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Rajshahi University, Bangladesh =VS= Md. Ruhul Amin |
12 LM (AD) 304 |