Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)



Dhaka University Order, 1973
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Article 52

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

Samia Rahman Vs. Bangladesh and others 17 SCOB [2023] HCD 182
Article 56(3)

Article 56(3) of the Dhaka University Order, 1973:
It is clear that the Syndicate did not frame any formal charge against the petitioner under Article 56(3) of the Order, 1973. The committee formed by the Syndicate cannot be termed as a statutory Enquiry Committee. It can be termed as a fact-finding committee. Accordingly, the show cause notice dated 08.06.2022 can be considered as a notice in relation to the fact-finding committee, not a statutory notice forming part of a formal disciplinary proceedings inasmuch as no formal disciplinary proceeding were initiated against the petitioner. .....Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors, (Spl. Original), 19 SCOB [2024] HCD 140
It is true that the power to ‘appoint’ includes the power to ‘suspend’. It is well settled that an order of interim suspension can be passed while a departmental enquiry is pending against the delinquent even though there is no such term in the service rules. .....Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors, (Spl. Original), 19 SCOB [2024] HCD 140 ....View Full Judgment

Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors 19 SCOB [2024] HCD 140
Article 56(3)

The Syndicate’s decision to release the petitioner temporarily from his duties is beyond the purview of law:
In the instant case, the Syndicate did not deliberately use the term ‘suspension’ (সাময়িক বরখাস্ত), rather it used the term ‘সাময়িক অব্যাহতি’ (temporary release) which is not synonymous to ‘suspension’ for the reason that the syndicate did not take any decision to initiate any formal departmental proceedings against the petitioner by framing formal charge. The Syndicate formed a committee which seems to be merely a factfinding committee. In our view, there was no exigency or circumstances envisaged by law to release the petitioner temporarily from his duties. Moreover, the term ‘temporary release from duties’ is uncommon in service jurisprudence. The University Order, Statutes and Service Regulations do not recognise such action. Therefore, we have no hesitation to hold that the Syndicate’s decision to release the petitioner temporarily from his duties is beyond the purview of law and the said decision was taken without lawful authority and without jurisdiction. .....Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors, (Spl. Original), 19 SCOB [2024] HCD 140 ....View Full Judgment

Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors 19 SCOB [2024] HCD 140