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