IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 882 of 2024

IN THE MATTER OF:

An application under Article 102 read with Article 44 of the Constitution of the People’s Republic of Bangladesh.

And

IN THE MATTER OF:

Professor Dr. Md. Nurul Islam.

.......... Petitioner

versus

Government of Bangladesh and others

..........Respondents. And

Mr. Raju Ahmed Razib, Advocate

....... for the Petitioner.

Mr. Amit Talukder, Advocate ........ For the Respondent No. 1-5

Heard on: 02.06.2024,04.07.2024 Judgment on 25.07.2024.

Present:

Mr. Justice Mustafa Zaman Islam

and

Mr. Justice S.M. Masud Hossain Dolon

S.M. Masud Hossain Dolon, J:

In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, Rule Nisi has been issued calling upon the respondents to show cause as to why the office letter vide memo No. ররররর ররররর- র/ররররর dated 11.01.2024 issued under signature of the respondent No. 04, releasing the petitioner from all kinds of academic and administrative duties of the University, and to frame charge against the petitioner in pursuant to the decision taken by the Syndicate in its meeting dated 02.01.2024 (Annexure-E and E-1) and decision taken by the syndicate of the University of Dhaka, in its meeting dated 30.11.2023 forming a facts-finding committee for holding an enquiry against the petitioner on the basis of a false and fabricated complaint dated 28.11.2023 (Annexure-D) are illegal, without lawful authority and are of no legal effect and as to why direction shall not be given upon the respondents to withdraw the office letter vide memo No. ররররর ররররর- র/ররররর dated 11.01.2024 issued under the signature of respondent No. 04. releasing the petitioner from all kinds of academic and administrative duties of the University, and to frame charge against the petitioner in pursuant to the decision taken by the Syndicate dated 02.01.2023 taken by the Syndicate forming a facts-finding committee, for holding an enquiry against the petitioner on the basis of a false and fabricated complaint dated 28.11.2023 and /or pass such other or further order or orders as to this court may seem fit and proper.

Facts relevant for disposal of the Rule are that the petitioner was the Professor and former Director of the Institute of Social Welfare and Research Institute, University of Dhaka and he has been working more than 33 years in the same Department, University of Dhaka and since then he has been performing his duties with full satisfaction of the authority concerned.

On November 11, 2023 one Most. Sumaiya Sarower, 1st year student of same department submitted a petition of complain to Vice Chancellor, University of Dhaka alleging inter alia that as a new student she went to petitioner’s room to talk about how to get allotment of the seat in residential halls. The petitioner after telling her a few necessary words then he started talking irrelevant things. When she found his manner of speaking and gestures unusual, she immediately stood up and then he himself left his seat and came up to the complainant and sexually assaulted ( k¡~e ¢ef£se) her and he touched the complainant’s private parts of the body.

On the basis of complaint the University authority was formed a Sexual Harassment Grievance Committee consists of three members headed by Professor Dr. Sema Zaman. Then the sexual harassment committee through the description or statement of various witnesses including the petitioner and after verifying all the information and data, the committee found that the delinquent professor was committed an offense punishable under the provision of section 45(3) of the Enquiry Committee and Tribunal (Teachers and Officers) Regulations, 1980 and recommended temporary exemption from all the academic and administrative duties of University of Dhaka. Then as per the decision of Syndicate