হাইকোর্ট পারমিশন লিখিত পরীক্ষা প্রস্তুতি. (Writ Question No-01)

Post No- 127

হাইকোর্ট পারমিশন লিখিত পরীক্ষা প্রস্তুতি

Writ Question No-01

“Y” an employee of Sylhet City corporation, was terminated from service on service on 01.05.2014 with three month’s notice, pay and other benefits. In the termination letter, serious allegations of misconduct were leveled against him without any prior show-cause notice.

‘Y’ requests you to take the requisite legal step against his termination from service. In what manner and how will you give legal remedy to ‘Y’? Explain. [11th February 2006, 5th March 2013, 9th August 2014]

(প্রশ্নটি বাংলায় (রীট)ঃ ‘Y’ সিলেট সিটি কর্পোরেশনের একজন কর্মচারী। তিনি ০১.০৫.২০১৪/ ০৫.০৫.২০২২ইং তারিখে তিন মাসের নোটিশে বেতন ও অন্যান্য সুবিধাদি সহ চাকুরীচ্যুত হন। কোন কারণ দর্শাও নোটিশ না নিয়াই চাকুরীচ্যুতি পরে তাহার বিরুদ্ধে অসদাচরণের গুরুতর অভিযোগ আনায়ন করা হইয়াছে।

উক্ত চাকুরীচ্যুতির বিরুদ্ধে প্রয়োজনীয় আইনগত পদক্ষেপ গ্রহণ করার জন্য “Y” আপনাকে অনুরোধ করিলেন। কি প্রকারে এবং কিভাবে আপনি “Y” কে আইনগত প্রতিকার নিবেন? ব্যাখ্যা করুন।

Answer to the question No. 01(writ)

Be being a lawyer of ‘Y’ I will advise him to file a writ petition before the honorable High Court division under article 102 of constitution of Bangladesh for availing legal remedy and this is the only right form to get legal remedy for why since there is no other alternative efficacious remedy.

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 107/A Green Road; Police Station: Dhanmondi;

District- Dhaka.

……. Petitioner

-VERSUS-

1. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development and Co- operative, Bangladesh. Secretariat, Dhaka.

2. Mayor, Sylhet City Corporation, Sylhet.

——- Respondents

AND IN THE MATTER OF: The impugned order dated 01.05.2014 passed by respondent No. 2 vide Memo No. k57jjhf4 terminating the petitioner from his service for misconduct (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 loyal, peace loving, law abiding and a permanent citizen of Bangladesh and the address of the petitioner given in the cause title is correct address for service of any notice upon them.

2. That the petitioner was appointed as an employee of Sylhet City Corporation by an appointment letter dated 01.05.2014/05.05.2022 and since then he was working in the post very sincerely.

Photocopy of the said appointment letter is annexed herewith and marked as Annexure-“A”

3. That on 01.05.2014/05.05.2022 the respondent No. 2 terminated the petitioner from his service due to serious misconduct of petitioner by issuing a termination letter.

Photocopy of the said termination letter is annexed herewith and marked as Annexure-“B”

4. That it is humbly submitted that the respondent No. 2 terminated the petitioner without giving any prior show cause notice which violated fundamental rights of the petitioner according to article 27 and 31 of the constitution as well as principle of natural justice and as such the termination order is liable to set aside.

5. That it is submitted that no departmental proceedings was drawn against the petitioner.

6. That it is further submitted that no inquiry committee was formed to inquire into the allegations brought against the petitioner and as such there was no inquiry Report in the instant case.

7. That it is further submitted that the petitioner was not given any opportunity of being heard before termination from his service.

8. That the petitioner has been performing his function with utmost honesty and efficiency since his employment to this post.

9. That it is further submitted that the allegations brought against the petitioners are all false, concocted, malafide and collusive and based on mere surmise and conjecture.

10. That it is stated that the allegation brought against the petitioner is absolutely false, fabricated, concocted and without lawful authority.

11. That it is submitted that the termination notice given by the respondent No. 2 is arbitrary and malafide in nature and completely violation of the principle of of natural justice and as such the impugned order of

termination is liable to have been passed without lawful authority and is of no legal effect.

12. That being aggrieved by and dissatisfied with the aforesaid termination letter dated 01.05.2014/ 05.05.2022 and finding no other equally efficacious remedy, the petitioner begs to move this writ petition before your Lordship on the following amongst other-

GROUNDS

1. For that the respondent No.2 issued the impugned letter by violating the principal of natural justice as well as the statutory law of the land and as such the termination order is illegal, without lawful authority and is an unlawful manner.

II. For that no departmental proceedings was drawn against the petitioner before terminating him from his service which is a violation of the mandatory provisions of law as well as a violation of the principles of natural justice.III. For that the learned Court has taken cognizance of the office without taking oath from the complainant opposite party No. 1 which is the violation of the mandatory provision of law and as such the proceedings is an abuse of the process of the Court and is liable to be quashed.

III. For that no inquiry committee was formed and no inquiry was conducted into the allegation brought against the petitioner.

IV. For that the petitioner was not given any opportunity of being heard before termination from his job and the legal right of the petitioner has been violated.

V. For that the respondent No.2 terminated the petitioner without giving any prior show cause notice. Hence the termination letter is illegal, without lawful authority and is an unlawful manner.

VI. For that the respondent No.2 terminated the petitioner without giving any prior show cause notice which violated fundamental rights of the petitioner according to article 27 and 31 of the constitution as well as principle of natural justice and as such the termination order is liable to set aside.

VII. For that the allegations brought against the petitioner is absolutely false and concocted and without lawful authority.

VIII. For that the said allegations of misconduct against the petitioner is unspecific, vague and improper and as such the aforesaid termination is illegal, malafide and is of no legal effect in the eye of law.

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

a) To issue a Rule Nisi calling upon the respondents to show cause as to why the termination letter issued on 01.05.2014/ 05.05.2022 by the respondent No.2 should not be declared illegal, void and without lawful authority and is of no legal effect.

b) As to why the respondents shall not be directed to re-instate the petitioner to his service with effect from the date of his dismissal with all his pay and allowances;

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

d) And/or pass such other further order or orders as to your Lordships may deem fit and proper.

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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