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

The Tribunal categorically found that the petitioner cannot be made accused for direct plagiarism, but the Syndicate demoted the petitioner for plagiarism which is absolutely baseless and whimsical inasmuch as the Syndicate can only punish someone based on the findings of facts arrived at by the Tribunal. ...Samia Rahman Vs. Bangladesh and others, (Civil), 17 SCOB [2023] HCD 182 ....View Full Judgment

The observance of the principles of natural justice is not an idle formality. A meaningful opportunity to defend oneself must be given under any circumstances to its truest sense and, in the instant case, the respondents sought to show ceremonial observance of the principles of the natural justice as an eye wash for an ulterior purpose without affording any real opportunity to the petitioner to defend herself by not furnishing the enquiry report as well as the report of the Tribunal. It appears that the impugned decision of the Syndicate is vitiated by bias and malafide inasmuch as while the petitioner was awarded with a major punishment with the stigma of plagiarism but despite repeated requests, she was not given a copy of the enquiry report. The Syndicate did not care to consider the long delay in completing the enquiry. ...Samia Rahman Vs. Bangladesh and others, (Civil), 17 SCOB [2023] HCD 182 ....View Full Judgment