Article 52
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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
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Samia Rahman Vs. Bangladesh and others |
17 SCOB [2023] HCD 182 |
Article 56(3)
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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
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Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors |
19 SCOB [2024] HCD 140 |
Article 56(3)
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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
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Prof. Dr. Md. Rahmat Ullah Vs. Bangladesh & ors |
19 SCOB [2024] HCD 140 |