Clause (Kha) of Rule 5.4
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Registered Private Primary School Teachers (appointment, promotion,
discipline and welfare ) Rules 2009:
Clause (Kha) of Rule 5.4
We have also consulted the rules and, in our considered opinion, a show
cause notice, as required under clause (Ka) of Rule- 5.4 giving 7 days time
to explain the allegations brought, if any, and further asking, in the same
notice, the petitioners as to whether they were willing to appear before
the enquiry committee were mandatory on the part of the respondents and
such notices ought to have been issued upon the petitioners. We also find
that, as per clause (Kha) of Rule 5.4, it is also mandatory that appointing
authority should form a 3(three) members enquiry committee and the enquiry
committed shall dispose of the disciplinary proceedings, if initiated,
within 60 days. But, we find nothing on record to show that any notice was
issued upon the petitioners or any enquiry committee was formed required by
clause (Kha) or clause (Kha) of Rule 5.4 of the said rules and the impugned
memo was not issued following the procedure laid down in clauses (Ka) and
(Kha) of Rule 5.4. ...Halima Khatun & anr Vs. Bangladesh & others, (Civil),
2 SCOB [2015] HCD 99
Principle of natural justice:
We are also of the opinion that the government portion of the salary of the
petitioners has conferred vested rights in them and this cannot be taken
away arbitrarily, violating the principle of natural justice. ...Halima
Khatun & anr Vs. Bangladesh & others, (Civil), 2 SCOB [2015] HCD 99
....View Full Judgment
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Halima Khatun & anr Vs. Bangladesh & others |
2 SCOB [2015] HCD 99 |