The High Court has questioned the provision of suspending government employees due to arrest or detention by the law enforcers after being accused in a criminal case.
The High Court on Wednesday issued a rule upon the concerned bodies of the government to explain in 10 days as to why the ‘Note-2 of Rule 73 of the Bangladesh Service Rules, part-1’, that relates to the suspension of the government employees due to arrest or detention by the law enforcers after being accused in a criminal charge, should not be declared unconstitutional.
It also wanted to know in the rule as to why the office order that suspended MA Aziz Khan, Headmaster of Char Chandpur Nobo Government Primary School at Sadarpur Upazila under Faridpur district, in 2013 for being imprisoned in a criminal case should not be declared illegal.
Education Secretary, Directorate General of the Directorate of Primary Education, Deputy Director of the Primary Education in Dhaka Division, District Primary Education Officer in Faridpur, Upazila Accounts Officer of Sadarpur and Upazila Education Officer of Sadarpur have been asked to comply with the rule.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Ahmed Sohel passed the order after hearing a writ petition filed by MA Aziz Khan, a suspended Headmaster of a government primary school in Sadarpur upazila under Faridpur district.
Barrister Pallab Kabir M Humaun and Barrister Majedul Kader appeared in the hearing on behalf of the writ petitioner.
According to the writ petition, Aziz Khan, Headmaster of Char Chandpur Nobo Government Primary School at Sadarpur Upazila, was released on bail after almost three months in jail in a criminal case filed with Sadarpur Police Station in 2010. He was suspended in 2013 due to his imprisonment in the case and was receiving alimony allowance as per rule.
He was suspended from the service as per Rule 73 of the Bangladesh Service Rules, part-1. His suspension order is still pending, as the criminal case has also been continuing for a long time. In this circumstance, Mr Aziz Khan filed the writ petition with the High Court claiming that Note-2 of Rule 73 of the Bangladesh Service Rules, part-1 is contradictory to the Constitution.
At the same time, he challenged the legality of his suspension order that was issued as per Note-2 of the Bangladesh Service Rules, part-1.
Barrister Pallab Kabir M Humaun said the petitioner is treated against the settled principle of criminal justice that a person will be considered as innocent until proven guilty. However, under Rule 73 (Note-2) of the Bangladesh Service Rules (Part-1), his fundamental right to service has been unreasonably curtailed which is liable to declared to be unconstitutional.
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