Certiorari রীট এর নমুনা

Certiorari রীট এর নমুনা (Certiorari writ petition)

District- Madaripur

In the Supreme Court of Bangladesh

High Court Division

Writ Petition No 116 of 2024

Md. Moniruzzaman, s/o Md. Abdul Hamid, Village- Daradia, Post Office: Shafia Sharif, P.S: Rajoir, District- Madaripur

—————– Petitioner

=Versus=

Mayor, Dhaka South City Corporation.

——————— Respondent

Petition for a writ of certiorari under Article 102 of the Constitution of Bangladesh to quash the order of the Mayor, dated………..refusing to allow withdrawal of resignation.

To,

The Chief Justice of Bangladesh and other Justices of the said Court.

The humble Petition of the Petitioner respectfully

Sheweth:

That he was working as a Superintendent of the Dhaka South City Corporation.

That certain charges of misappropriation and other irregularities alleged to be committed by the petitioner were served on the petitioner on………….by the respondent and some investigations were made inthis behalf but the said charges were dropped against the petitioner on or about…..

That the petitioner was made under duress (or undue influence), to submit a letter of resignation from service to take effect 3 weeks after the date of submission thereafter. The petitioner asserts that he was not bound by the contents of the said letter.

That the petitioner withdrew by letter, dated……..the offer of resignation (prior to the date when the alleged resignation was to take effect) submitted on………as stated above, and requested that the said offer of resignation be not considered and be deemed as withdrawn.

That the respondent rejected the prayer mentioned in para 4 above on……….by his orderdated………and directed the directed the petitioner to hand over charge of his office to

That the petitioner moved to the Joint District Judge, Dhaka for a temporary injunction against the respondent to restrain him from giving effect to the said letter of resignation, in a suit filed for declaration that the said letter of resignation was not a voluntary one but had been extracted out of the petitioner under duress (or undue Influence) but the learned Joint District Judge, Dhaka was pleased to disallowed the petition for temporary injunction in the said suit, as prayed for.

That the petitioner also submitted a representation to the Secretary, Local Government Division on……..but the same has not yetbeen decided.

That being aggrieved by the order of the respondent, dated.. the petitioner approaches this Hon’ble Court for issue of a writ of certiorari and such other direction and order as it may deem just, on the following among others:

-Grounds-

(i) That the suit filed by the petitioner, as stated in Para 6 above, has become in fructuous, the relief by means of a suit is not an equally adequate and efficacious one in the circumstances of this case.

(ii) That the letter of resignation above mentioned was to take effect on… ….or thereafter, it was not an unconditional resignation. The petitioner had a right to intimate to the respondent that he no longer wished that his offer of resignation which was to come into existence from… ..should be considered as ineffective. Till…. ..there was no resignation at all.

(iii) That the respondent had no jurisdiction to reject the prayer contained in this letter, dated.. ..withdrawing from consideration the offer of resignation submitted as alleged.

It is, therefore, prayed that the order of the respondent dated.. ….mentioned above be quashed and such other direction or order as may be consequential and just in this behalf be made or passed.

Signature of the Petitioner

Signature of the Advocate for the Petitioner.

Affidavit

I, Md. Moniruzzaman, s/o Md. Abdul Hamid, Village- Daradia, Post Office: Shafia Sharif, P.S: Rajoir, District- Madaripur, presently, House- 30, Road- 10, Mirpur, Dhaka, Age about- 46 years, by faith Muslim, by occupation – Govt service, Nationality – Bangladeshi do hereby solemnly affirm and say as follows:

That I am the petitioner of the above writ petition and am well acquainted with the facts and circumstances of the case and am competent to swear this affidavit.