Staff Reporter :
The High Court on Sunday issued a rule asking the government to explain in four weeks as to why the provision of suspending the government employees without giving an opportunity to show causes while conducting a departmental probe into the allegation should not be declared unconstitutional and illegal.
The High Court Bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after hearing a writ petition filed for seeking scrapping of the Section 39(1) of the Government Services Act.
Law Secretary, NBR Chariman, NBR Member (Administration and Human Resources Management Department), Commissioner and Assistant Commissioner of Rangpur Tax zone have been made respondents in the rule.
Advocate Khurshid Alam Khan and Advocate Razu Miah appeared in the court on behalf of the petitioner, while Deputy Attorney General (DAG) Amit Talukder stood for the State.
Md Rafiqul Islam, a typewriter of National Board of Revenue (Kurigram Circle), was suspended from him job on May 15 this year in order to conduct a departmental probe into an allegation of embezzling money by forging a cheque without giving him an opportunity to show causes.
Then, he filed three writ petitions with the High Court challenging Section 39(1) of the Government Services Act 2018 under which law he had been suspended.
Advocate Khurshid Alam Khan said, “Rights of the government employees to show causes has been robbed by this provision of the law. We think one government employee has the right to know what kind of allegation has been raised against him/her. This is a fundamental right of an employee. That is why the provision has been challenged.”
