SYED JAHANGIR HOSSAIN Vs. MD. MOYENUDDIN

JUDGEMENT

(1.) This appeal at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of Subordinate judge, Barisal in Title Appeal No. 7 of 1997 allowing the appeal and reversing the judgment and decree dated 25-11-1996 passed by the Assistant Judge, Bakergonj in Title Suit No. 80 of 1991.

(2.) Plaintiff-respondent No. 1 Md. Moyenuddin after passing BA (Honours, Examination and appearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree College on temporary basis on condition that his appointment would be confirmed after his passing the Masters Examination. Ultimately he passed the Masters Examination held in 1983 obtaining third class. He was allowed to continue in service by the Dhaka University authority on condition of his improvement of result within 3 years and the said period was further extended for 5 years upto 22-6-1997. He along with other teachers of the college made a written complaint against the appellant who is the Principal of that college about his illegal activities and as a result appellant made a complain to the defendant No. 6. Director General of Secondary and Higher Secondary Education Defendant No. 6 asked defendant No. 5, Principal Government Syed Hatem Ali College to hold an enquiry and submit a report and he submitted a report on 6-7-1991 against the plaintiff after making an enquiry. On the basis of that report defendant No. 6 directed the defendant No. 1, Chairman of the College and Thana Nirbahi Officer Bakergonj b Memo dated 31-7-1991 to remove the respondent No. 1 from the post of lecturer. Thereafter by Memo dated 10-8-1991 defendant No. 1 removed the respondent No. 1 from his service.

(3.) The suit was contested by the appellant by filling a written statement denying the material allegations and stating, inter alia, that the plaintiff was not qualified to be a teacher and got the appointment by deceitful means on temporary basis and he was removed from service on 10-8-1991 and the same was approved by the Governing Body on 20-8-1991 and before his removal an enquiry was made by the defendant No. 5 and on the basis of that enquiry report defendant No. 6 directed the Governing Body of the College to remove the plaintiff from his service.