হাইকোর্ট পারমিশন লিখিত পরীক্ষা প্রস্তুতি. (Writ Question No-02)

Post No-128

Writ Question No-02

‘X’ a teacher of Fazilpur High School in Feni, was suspended and then dismissed from service by the Managing Committee of the school on some allegations of misconduct. But the Education Board did not approve the order of dismissal and found him not guilty of misconduct. Despite this finding of the Education Board, the Managing Committee did not reinstate him in his job, albeit he filed several representations in that regard. However, he approached the Education Board for redress, but got no response there from. Fazilpur High School is a private school, but its teachers enjoy the Government M.P.O. facility

In such a situation, X requests you to file a writ petition in the High Court Division. What will you do? Whether you find the writ petition competent or not, give reasons for your opinion. (13th June 2008, 9th August, 2014).

(প্রশ্নটি বাংলায় (রীট)ঃ মিঃ ফেনীস্থ ফাজিলপুর উচ্চ বিদ্যালয়ের একজন শিক্ষক। তিনি তাহার বিরুদ্ধে অসদাচরণের অভিযোগে বিদ্যালয়ের ব্যবস্থাপনা কমিটি কর্তৃক প্রথমে সাময়িক বরখাস্ত হন এবং পরে চাকুরী হতে স্থায়ীভাবে বরখাস্ত হন। শিক্ষা বোর্ড উক্ত বরখাস্তের আদেশ অনুমোদন করেন নাই এবং তাহাকে অসদাচরণের অভিযোগে দোষী নয় মর্মে সিদ্ধান্ত গ্রহণ করেন। শিক্ষা বোর্ডের এইরূপ সিদ্ধান্ত থাকা সত্ত্বেও, বিদ্যালয়ের ব্যবস্থাপনা কমিটি তাহাকে তাহার কাজে পুনর্বহাল করেন নাই, যদিও সে এই ব্যাপারে বেশ কিছু আবেদন-নিবেদন দাখিল করেন। যদিও তিনি শিক্ষা বোর্ডের কাছে প্রতিকারের জন্য ধর্না দেন, কিন্তু সেখান থেকে কোন সাড়া পাওয়া যায় নাই। ফাজিলপুর বিদ্যালয়টি একটি বেসরকারী বিদ্যালয়, কিন্তু উহার শিক্ষকগণ সরকারী এম.পি.ও সুবিধা ভোগ করেন।

এই পরিস্থিতিতে X আপনাকে হাইকোর্ট বিভাগে রীট পিটিশন দায়ের কর জন্য অনুরোধ করিল। আপনি কি করিবেন? আপনি কি রীট পিটিশন দাখিল কর সঠিক মনে করেন, অথবা করেন না? আপনার মতামত দিন। (১৩ই জুন ২০০৮, ৯ই আগষ্ট ২০১৪).

ANS TO THE QUESTION NO- 02 (Writ)

DISTRICT: DHАКА.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.         OF 2022

IN THE MATTER OF:

An application under Article 102(2) of the constitution of the people’s of republic of Bangladesh.

AND

IN THE MATTER OF:

“Y”

Son of Jamal Uddin: of Fazil pur, feni sadar, Feni.

……. Petitioner

-verses-

1. Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka.

2. Secretary, Ministry of Education, Bangladesh Secretariat, Shahbagh, Dhaka.

3. Director General, Directorate of Secondary & Higher Secondary Education, Dhaka.

4. Chairman, Secondary & Higher Secondary Education Board, Comilla.

5. Deputy Commissioner, Feni.

6. Upazila Nirbahi Officer, Feni.

7. Chairman, Managing Committee of Fazilpur High School, Police Station- Feni Sadar, District- Feni.

8. Headmaster and Secretary, Managing Committee of Fazilpur High School, Police Station and District-Feni.

—— RESPONDENTS.

AND

IN THE MATTER OF: Order dated 07.07.2020 passed by the Respondent No. 7, the Chairman of the Managing committee of Fazilpur High School vide Memo No. K2K999 dismissing the petitioner from his service for misconduct as contained in (Annexure-B).

To

Mr. Justice Hasan Foez Siddique, the Hon’ble Chief Justice of Bangladesh and his Companion Justices of the said Hon’ble Court.

The humble petition of the petitioner above named most respectfully-

SHEWETH:

1. That the petitioner is a law abiding, peace loving and permanent citizen of Bangladesh. And that the addresses given in the cause title are correct.

2. That the petitioner was appointed as a teacher of Fazilpur High school through written test and viva exam conducted by the said school committee on 03.03.2017.

Photocopy of the appointment letter dated 03.03.2017 is annexed herewith and marked as a ANNEXURE-A.

3. That after appointing as a teacher, the petitioner was performing his duty very sincerely and received love and respect from his student as well as guardians and no allegation of misconduct was raised against him. But on some false allegations of misconduct the Managing committing of the school quite illegally and arbitrarily placed the petitioner under suspension.

4. That without giving any prior show cause notice, the respondent No. 7 Managing Committee of Fazilpur High School, suspended the petitioner and then dismissed him from the service by an order dated 07.07.2020 for misconduct.

Photocopy of the said order suspension dated 07.07.2020 and order of dismissal is annexed hereto and marked as ANNEXURE-‘B’ & ‘B-1’ respectively.

5. That the Managing Committee of the school approached the Board of Secondary and Higher Secondary Education for approval of the said order of dismissal, but the Board found the petitioner not guilty of misconduct and did not approve the order of dismissal.

6. That inspite of the said findings of the Education Board the Managing Committee did not reinstate the petitioner in his job though he filed several representations in that regard. Attested copies of the said representations are annexed herewith and marked as ANNEXURE-“C” series.

7. That thereafter the petitioner approached the Secondary and Higher Secondary Education Board for redress lastly on but the petitioner got no response from the Board till now.

Photocopy of the said representation to the Board is annexed herewith and marked as ANNEXURE-“D”.

8. That it is humbly submitted that having jealous with the name and fame of the petitioner, some interested teacher along with the Headmaster conspire against him to dismiss the petitioner and as such the order dated 07.07.2020 is unlawful and malafide.

9. That it is submitted that no departmental proceedings was drawn against the petitioner and no show cause notice was issued to him.

10. That it is further submitted that no inquiry committee was framed to inquire into the matter of allegation and the petitioner was not given any opportunity of being heard.

11. That it is humbly submitted that the allegation of misconduct against the petitioner is unspecific, vague and as such the aforesaid dismissing order is illegal, malafide and is of no legal effect in the eye of law.

12. That it is further submitted that the allegations brought against him are absolutely false, concocted and malafide.

13. That being aggrieved by and dissatisfied with the impugned order of dismissal issued by the respondent No. 7, and having no other alternative efficacious speedy remedy, the petitioner begs to prefer this writ petition before your Lordships on the following amongst other-

GROUNDS

I. For that the impugned order dated 07.07.2020 passed by the Respondent No. 7 dismissing the petitioner from his job as a teacher of the school was void, illegal, beyond jurisdiction and not binding upon the petitioner.

II. For that the order of dismissal issued by the respondent No. 7 dated 07.07.2020 for dismissing the petitioner from service without giving any prior show cause notice is illegal, unlawful authority as well as violation of principle of natural Justice.

III. For that having jealous with the name and fame of the petitioner, some interested teacher along with the Headmaster conspire against him to dismiss the petitioner and as such the order dated 07.07.2020 is unlawful and malafide.

IV. For that before dismissal of the petitioner, no departmental proceedings was drawn against him and no inquiry committee was framed to inquire into the allegations brought against him and no inquiry report submitted before the inquiry committee.

V. For that the allegations of misconduct against the petitioner is unspecific, vague and as such the aforesaid dismissal is illegal, malafide and is of no legal effect.

VI. For that no show cause notice was issued to the petitioner by the Respondents and the petitioner was not given any opportunity of being heard before his dismissal from his service which is a clear violation of the principles of natural justice,

VII. For that the order of dismissing dated 07.07.2020 is neither proper nor in accordance with law and as such the aforesaid order has no legal effect in the eye of law.

VIII. For that other grounds will be placed before your Lordships at the time of hearing.

Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to –

(a) Issue a Rule Nisi calling upon the Respondents to show cause as to why the impugned order vide Memo No. K2K999 dated 07.07.2020 issued by the respondent No. 7, dismissing the petitioner from service for misconduct should not be declared illegal, without lawful authority and is of no legal effect. TECH

(b) And as to why they shall be directed to reinstate the petitioner with effect from the date of dismissal with all pay and allowances.

(c) After hearing the parties and perusing the cause shown, if any, make the Rule absolute;

(d) All cost of the application be allowed to the petitioner,

(e) And or pass such other or further order or orders as your Lordships may deem fit and proper.

(f) Pending hearing of the Rule your Lordships would kindly be pleased

And for this act of kindness, the petitioner as in duty bound shall ever pray,

AFFIDAVIT

I, Mr. ‘Y’ / ‘X’ Son of Kobir Hossain and Kopila Begum, Of village/of Holding- 25/6, Dariapara, / 12/1, Khulna Hazi Mohssin Road, Police Station-Sylhet/Khulna Sadar, District- Sylhet/Khulna, aged about 45 years, by Faith- Muslim, by Profession/occupation-Service, by Nationality- Bangladeshi by birth, ID No. 111222333444 do hereby solemnly affirm and say as follows :-

1. That I am petitioner in this writ petition and as such I am fully acquainted with the facts and circumstances of this case and competent to swear this affidavit.

2. That the copies of the annexure annexed hereto are genuine and true.3. That it is stated that all the Papers/documents/ certified copies are annexed with the application are genuine and true.

3. that the statements made in paragraph are true my knowledge and belief.

(Md. WXYWXYXYXY)

Advocate

Solemnly affirmed before me by the said deponent on this the 07th day of July, 2022 at 11 AM.

DEPONENT

The deponent is known to me and identified by me.

Md. XYXYXYXY

Advocate

Membership No.

Room No

COMMISSIONER OF AFFIDAVIT

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION, DHAKA.

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