IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 7320 of 2022

IN THE MATTER OF :

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh

-And-

IN THE MATTER OF : Debendra Chandra Baishnob

…… Petitioner -Versus-

Government of People’s Republic of Bangladesh Represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka

....... Respondents

Mr. ABM Altaf Hossain, Senior Advocate with

Mr. Meah Muhammad Abdullah Zahid, Advocates

.....For the petitioner Md. Tusharf Kanti Roy, D. A. G. with

Mr. Md. Salim Azad, A.A.G and

Mr. Anis ul Mawa, AAG

........For respondents

Heard on : 15.11.2023 and Judgment On : 23.11.2023.

Present:

Mr. Justice Mustafa Zaman Islam

&

Mr. Justice Md. Atabullah

Mustafa Zaman Islam, J;

In this application under article 102 of the Constitution of People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the approval of the petitioner’s dismissal from service as Headmaster vide office order bearing Memo No.

BCe/¢nh/191/2019-2021/167(3) a¡¢lMx 24.02.2021 ¢MËx o f Chargoali K.Na. A. Multilateral High School, Police Station- Daudkandi, District-Cumilla (Annexure-L) should not be declared to have been without lawful authority and is of no legal effect and why the respondents should not be directed to reinstate the petitioner in the post of Headmaster and/or pass such other or further order or orders as to this Court may seem fit and proper.

The facts necessary for disposal of the Rule, in brief are: The petitioner is a peace loving and law abiding citizen of Bangladesh and he was the Headmaster of Chargoali K.Na. A. Multilateral High school, Police Station-Daudkandi, Disttrict-Cumilla. The petitioner passed S.S.C examination in the year of 1983; passed H.S.C Examination in the year of 1985; subsequently the petitioner passed B.Com Examination-1990. He passed B.Ed Examination and also passed Bachelor in English Language Teaching (BELT) Examination from the Bangladesh Open University. The petitioner applied for the post of Headmaster, in response to the advertisement published by the concerned authority and they duly constituted selection committee selected the petitioner to be appointed for the post of Headmaster. Subsequently, on 13.12.2010 the respondent no. 10, Chairman, Managing Committee of the said school issued an appointment letter. Pursuant to that letter the petitioner joined the said school on 01.01.2011 and since then he has been discharging his duties honestly, sincerely and with full satisfaction of the authority concerned.

The petitioner was enlisted in the monthly pay order (MPO) being index No. 137588 and since then he has been receiving Government portion of his monthly salary and other financial benefit regularly without any interruption till temporary suspension. Mentioned here that the petitioner, earlier filed a writ petition which was pending for as in-re motion hearing and in the meantime, on 23.08.2020 the Respondent No. 10 submitted an application to the Respondent No. 8, Upazila Nirbahi Officer, Daudkandi, Cumilla to handover the key or Almeria and necessary documents of the schools and also for constituting an inquiry committee and the Respondent No. 8 after receiving the application directed to the Respondent No. 9, the Upazila Secondary Education Officer for taking necessary steps.

It is stated tha