Rules 3 and 5
|
Constitution of Bangladesh, 1972
Article 102(2)
জাতীয়করনকৃত কলেজ শিক্ষক ও
অশিক্ষক কর্মচারী আত্মীকরন
বিধিমালা-২০১৮
Rules 3 and 5
The High Court Division went beyond the scope of Article 102 of the
Constitution, in giving relief beyond the terms of the Rule Nisi–– The
High Court Division has delivered the impugned judgment and order basing on
the “জাতীয়করনকৃত কলেজ শিক্ষক
ও অশিক্ষক কর্মচারী আত্মীকরন
বিধিমালা-২০১৮” by which the earlier Rules of 2000
has been repealed and thereby directed the writ respondent-leave petitioner
herein to absorb the writ petitioners-respondents herein as Lecturers in
their concerned Government Colleges despite of the fact that the writ
petitioners did not make any such claim in the form of prayer in the writ
petition asking absorption under the aforesaid absorption Rules of 2018 nor
the Rules Nisi were issued at that effect. As such, the High Court
Division erred in law in travelling beyond the scope/terms of the Rules
Nisi in both the writ petitions in giving relief to the writ petitioners
while passing the impugned judgment and order. Thus, the finding of the
High Court Division is not the correct reflection of the terms of the Rules
Nisi and as such the same does not leg to stand in accordance with law.
.....Government of Bangladesh =VS= Sk. Md. Abdullah Faruque, (Civil),
2023(1) [14 LM (AD) 232]
....View Full Judgment
|
Government of Bangladesh =VS= Sk. Md. Abdullah Faruque |
14 LM (AD) 232 |