The High Court on Wednesday issued a rule questioning the legality of the provision of temporary dismissal due to the arrest or detention of a government employee accused in a criminal case.
A bench of Justice Md Mozibur Rahman Miah and Justice Ahmed Sohel issued the rule following a writ petition filed by a temporarily suspended school teacher.
The Education Secretary, Director General of the Directorate of Primary Education, Deputy Director (Dhaka Division), Faridpur District Primary Education Officer, Sadarpur Upazila Accounts Officer and Upazila Education Officer were made respondents to the rule and asked to respond in the next 10 days.
Lawyer Barrister Mohammad Humayun Kabir Pallab appeared for the writ in the court with Barrister Mohammad Majeedul Quader.
The writ petition was filed in the court by MA Aziz Khan, headmaster of Char Chandpur New Government Primary School in Faridpur.
Humayun Kabir said Teacher Aziz was released on bail after being arrested in a criminal case in 2010 and was behind the bars for almost three months.
He was suspended in 2013 due to imprisonment in the case, but was receiving financial assistance as per rules.
As the trial of the case is going on for a long time, his suspension order is still effective. In such circumstances, the writ petition was filed claiming that it was in contrary with the Constitution and violated the fundamental rights.