Prohibition- রীট এর নমুনা (The Prohibition writ petition)
In the Supreme Court of Bangladesh
High Court Division
Writ Petition No 117 of 2024
Md. Abdul Halim Molla, s/o Md Abdul Hamid Molla, Vill. Daradia, Post: Shafia Sharif, P.S: Rajoir, District: Madaripur
…..…………Petitioner
=Versus=
(1) Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka.
(2) Inspector General of Police, Bangladesh Police, Dhaka
(3) Additional Superintendent of Police, Madaripur.
.……………..Respondents.
To
The Hon’ble Chief Justice of Bangladesh and other Justices of the said Court.
Petition under Article 102 of the Constitution of Bangladesh for issuing of a Writ of Prohibition
The petitioner above named most respectfully states as under-
- That the petitioner is a peace-loving and law abiding citizen of the country and he was appointed as a Sub-Inspector of Bangladesh Police in 1st July 2010 A.D. His last designation was Inspector of Bangladesh Police.
- That he was serving the State for the sake of public interest in various capacities at different places of the country.
- That while the petitioner was posted at Rajoir Police Station, Madaripur and serving as Officer in Charge, he was served with a Charge Sheet dated …. .… .…. A copy of that Charge Sheet is filed herewith and marked as ANNEXURE “A”.
- “That an enquiry into the said charges was made by respondent No- 3 from dated.… .… .… to .… .… .… who submitted a report to the respondent No. 2 finding the charges mentioned in Charge Sheet above mentioned to be proved. A copy of the report is filed herewith and marked as ANNEXURE “B”.
- That according to the Rule .…of .……. the charges mentioned above could not be enquired into except by an officer of the rank of Superintendent of Police or with the approval of respondent No- 2 of another officer who is duly appointed by him.
- That on the date of …… … the petitioner received a notice from the respondent No- 2 to show cause as to why he should not be dismissed from the service. A copy of the notice is filed herewith and marked as ANNEXURE “C”.
- That the above mentioned enquiry was illegal and ultra vires. Respondent No- 2 had no jurisdiction to take into consideration the mentioned enquiry or pass any order on the basis thereof. The so-called enquiry was held by a person who was not duly authorised to do so.
- The holding of a departmental enquiry by a Superintendent of Police is a condition precedent a fact which must exist before respondent No- 2 can assume jurisdiction or authority for the purpose of passing the final order of dismissal under Rule……….of………. …against the petitioner. Here is a case of acting without or in excess of jurisdiction.
- That in any view and the matter here is a case in which there is a substantial error apparent on the face of the record and an error of jurisdiction for the purposes of ‘certiorari’ or ‘prohibition’.
- This Writ Petition is filed on the grounds that action of the violation of the Articles and is ultra vires of the Constitution of Bangladesh.
It is, therefore prayed that a writ be issued prohibiting the respondent from proceeding to take any further action against the petitioner by way of dismissal of the petitioner from the police force of Bangladesh or doing any other act to the prejudice of the petitioner based on the purported enquiry and the findings thereon referred to in the petition.
Affidavit
I, Md. Abdul Halim Molla, s/o Md Abdul Hamid Molla, Vill. Daradia, Post: Shafia Sharif, P.S: Rajoir, District: Madaripur, presently, House-34, Road -5, Rampura, Dhaka, Age about- 47 years, by faith – Muslim, by occupation – Government 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.
- That the statements made above are true to the best of my knowledge and belief.
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Signature of the deponent
The deponent is known to me and identified by me.
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Signature of the Advocate