PROFESSOR MUHAMMAD YUNUS Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) Though these petitions arise out of two separate judgments, the writ petitions out of which these petitions arise have been instituted challenging the self-same orders over the same subject matter and the questions involve in these petitions being identical, these petitions are disposed of analogously.

(2.) Before entering into the merit of the matter we would like to dispose of the application filed by Prof. Muhammad Yunus (petitioner) in Civil Petition No. 640 of 2011 for recalling the unsigned order dated 5th April, 2011. The leave petitions upon hearing the parties at length were dismissed in open Court on 5th April, 2011. Soon thereafter, the petitioner filed an application for rehearing of the matters after recalling the unsigned orders on the ground that all the learned counsel for the petitioner could not complete their submissions and therefore, for ends of justice the learned counsel may be afforded opportunity to make further submissions. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 does not provide any provision for rehearing of a matter which has been dismissed upon hearing the parties on merit other than hearing of a review petition under Order XXVI Part IV. What is more, the prayer for rehearing is not in conformity with Order XXVI Rule XI of Rules of 1988. As such, this petition is misconceived one. However, on consideration of the fact that three senior most learned counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division.

(3.) Short facts relevant for the disposal of these petitions are succinctly narrated thus: Grameen Bank Ordinance, 1983 (Ordinance No.XLVI/83), was promulgated on 4th September, 1983 with a view to establishing a Grameen Bank for providing credit facilities and other services to landless persons in rural areas and other matters connected there with. Section 14 authorizes the Government to appoint a Managing Director of the Bank. Accordingly Prof. Muhammad Yunus was appointed by Notification dated 13th September, 1983 as its Managing Director on the terms and conditions regulated by the Implementation Division's O.M. No. MF./ID/ V/N(A)-16/78/1199 dated 11th September, 1980.