BANGLADESH BANK Vs. ZAFAR AHMED CHOWDHURY

JUDGEMENT

(1.) This petition for leave to appeal is against judgment and order dated 18-1-2001 passed by a Division Bench of the High Court Division in Writ Petition No. 5642 of 2000 making the Rule absolute.

(2.) The short fact leading to this petition is that, respondent filed aforesaid writ petition on being aggrieved by letters dated 14th June, 2000, 16th October, 2000 and 6th November, 2000 which were Annexed as Annexures A to C issued by the present petitioners and a Rule was issued asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect.

(3.) The short fact leading to this petition is that, respondent No. 2 was one of the Sponsor Director of the United Commercial Bank Limited, hereinafter referred to as UCBL and since establishment of the bank he was continuously working as Director of the Bank and became its Chairman in 1997. The writ petitioner filed writ petition challenging the aforesaid orders of the present petitioners issued purportedly under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section 47 of the said Act. It is the case of the writ petitioner that notice dated 14th June, 2000 was issued under the signature of petitioner No. 3 at the order of respondent Nos.1-2 asking the writ petitioner to show cause as to why he should not be removed from the post of the Chairman and Director of the UCBL on certain allegations, dated 16th October 2000 asking him to appear before petitioner No. 2 on 19-10-2000 for a personal hearing and letter dated 6th November, 2000 issued by petitioner Nos. 1-3 asking the writ petitioner to appear before the Deputy Governor, Bangladesh Bank who was the Chairman of the Standing Committee under section 48 of the said Act for personal hearing. Letter dated 20th November, 2000 is a modification of the earlier two letters. It has been alleged by the present petitioners that the writ petitioner obtained illegal financial benefit from UCBL between 1-9-1997 and 20-8-1999 causing obstruction in the management of the bank which is against public interest and also against the interest of the customers and depositors. It is the further case of the writ petitioner that the present petitioners were preparing to take illegal steps to remove him from the post of Chairman of UCBL when they earlier failed to remove him for which another writ petition was filed which was disposed of in favour of the writ petitioner on compromise. It is also the case of the writ petitioner that when petitioner No. 1 Bank issued notice dated 27-8-1999 under section 47 of the Bank Companies Act, 1991 against the Directors and also the Board of Directors of UCBL which included the present writ petitioners wherein the petitioner No. 1 wanted to supersede the Board of Directors of the aforesaid bank Writ Petition No. 3385 of 1999 was filed challenging the aforesaid Memos dated 27-8-1999 and a Rule Nisi was issued. That letter dated 27-8-1999 was subsequently withdrawn by the present petitioner No. 1 and an agreement was entered into between Bangladesh Bank and the writ petitioners and ultimately, the writ petition was withdrawn in view of this agreement. It is the further case of respondent No. 1 that one Akhteruzzaman Chowdhury claiming himself as chairman of the said Bank filed Title Suit No. 210 of 1999 in the 4th Court of Assistant Judge, Dhaka which was subsequently renumbered as Title Suit No. 81 of 2000 of the First Court of Assistant Judge, Dhaka wherein he obtained an ad interim order of injunction restraining the present respondent and 4 others from interfering with the activities and act as Chairman and Directors of UCBL till 3-10-1999. Against that order of the learned Assistant Judge present respondent No. 1 preferred Miscellaneous Appeal No. 224 of 1999 before the learned District Judge, Dhaka who by order dated 14-9-1999 admitted the appeal and stayed operation of the ad interim order of injunction passed by the trial Court. Thereafter Akhteruzzaman Chowdhury filed Civil Revision No. 3118 of 1999 before the High Court Division wherein a Rule was issued which was subsequently discharged. Then Appellate Division was moved in Civil Miscellaneous Petition No. 534 of 1999 and by order dated 30-11-1999 that Leave Petition was disposed of with a direction to the parties to maintain status quo in the composition of the Board of Directors of the UCBL as recognised by Bangladesh Bank by letter dated 5-9-1999 till the disposal of the injunction matter by the trial Court. This Division passed the following order on 30-11-1999: