Nurun Nabir Sarker vs Secretary, Ministry of Education and Others
Citation: 68 DLR (2016)
Jurisdiction : Bangladesh
Petitioner: Nurun Nabir Sarker
Respondents: Secretary, Ministry of Education and others
Facts :
The petitioner was appointed as the Headmaster of Uzan Teura TUM High School, Gaibandha on 11 April 1999, after following proper recruitment procedures. His name was included in the Monthly Pay Order (MPO) from May 1995, and he had been receiving his salary and benefits regularly. On 12 October 2014, the Managing Committee suddenly suspended him without stating how long the suspension would last or initiating any disciplinary proceeding, which was required under the Recognised Non-Government School Teachers (Terms and Conditions of Service) Regulations, 1979.
To challenge this, the petitioner submitted an application on 22 March 2015 to the Chairman, Secretary, and Inspector of Schools of the Board of Intermediate and Secondary Education, Dinajpur, under Regulation 38(3) of the মাধ্যমিক ও উচ্চমাধ্যমিক শিক্ষা বোর্ড, দিনাজপুর (গভর্নিংবডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, ২০০৯. But the Board did nothing about it.
Having no other remedy, the petitioner filed a writ petition under Article 102(2)(a)(i) and 102(2)(a)(ii) of the Constitution, claiming that his suspension and the inaction of the Board were illegal and violated his fundamental rights.
Issues :
1. Whether the suspension order issued by the Managing Committee was valid under the Recognized Non-Government School Teachers (Terms and Conditions of Service) Regulations, 1979.
2. Whether the Board of Intermediate and Secondary Education, Dinajpur, failed to discharge its statutory duty under Regulation 38(3) of the 2009 Regulations.
3. Whether the petitioner’s fundamental rights under Article 31 , read with Article 44, of the Constitution was infringed due to arbitrary suspension and administrative inaction.
Arguments :
Petitioner’s Arguments:
The petitioner contended that his suspension by the Managing Committee was illegal and without lawful authority, as it was issued without adherence to the prescribed procedure under the 1979 Regulations. He further argued that the Chairman of the Board of Intermediate and Secondary Education, Dinajpur, failed to act upon his application under Regulation 38(3) of the মাধ্যমিক ও উচ্চমাধ্যমিক শিক্ষা বোর্ড, দিনাজপুর (গভর্নিংবডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, ২০০৯, thereby neglecting a clear statutory duty. The petitioner also maintained that being kept under indefinite suspension without pay infringed his constitutional rights guaranteed under Article 31, read with Article 44, of the Constitution of Bangladesh.
Respondent’s Arguments:
No arguments were presented defending the validity of the suspension or the prolonged inaction of the Board, leaving the Court to address the matter primarily based on the petitioner’s contentions and the materials on record.
Decisions :
The Court declared the petitioner’s suspension unlawful, as it lacked both a defined period and any pending disciplinary proceeding. Such action was held to be a colorable exercise of power and a violation of fundamental rights. It directed the Board of Intermediate and Secondary Education, Dinajpur, to dispose of the petitioner’s application within 10 working days, ensure compliance with the Recognised Non-Government School Teachers (Terms and Conditions of Service) Regulations, 1979., and file an affidavit of compliance within 15 days.
The Court, relying on Article 111 of the Constitution, further ruled that no person shall remain suspended beyond 60 days without final resolution. Beyond that period, the suspended employee must receive full salary instead of a subsistence allowance. The respondents were ordered to pay the petitioner his due salary and Tk. 10,000 as costs. Copies of the judgment were sent to the Ministry of Education to issue nationwide directives ensuring similar compliance.
Relevant Laws :
- The Constitution of the People’s Republic of Bangladesh
- Article: 31, 44, 102(2)(a)(i), 102(2)(a)(ii), 111
- Recognised Non-Government School Teachers (Terms and Conditions of Service) Regulations, 1979
- মাধ্যমিক ও উচ্চমাধ্যমিক শিক্ষা বোর্ড, দিনাজপুর (গভর্নিংবডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, ২০০৯
- প্রবিধান: ৩৮(৩)
Author :
1. Md. Fuad Hasan
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