LAWS(BANG)-2014-2-7

GOVERNMENT OF BANGLADESH Vs. MD. GAZI SHAFIQUL

Decided On February 24, 2014
Government Of Bangladesh Appellant
V/S
Md. Gazi Shafiqul Respondents

JUDGEMENT

(1.) This petition for leave to appeal has been filed by the writ respondents calling in question the judgment and order dated the 12th day of February, 2012 passed by the High Court Division in Writ Petition No. 6406 of 2010 making the Rule absolute.

(2.) The respondents, 7(seven) in number, filed the above mentioned writ petition before the High Court Division challenging the appointment orders dated 22.06.2010 issued by the Director General, Directorate of Food (writ-respondent No. 3) for the posts Food Inspector, Sub-Inspector of Food and Assistant Sub-Inspector of Food to have been issued without lawful authority and were of no legal effect and accordingly, the Rule was issued. The case of the writ-petitioners as made out in the writ petition, in short, was that in 2004, writ-respondent No. 4, the Director (Administration), made an advertisement vide Memo No. ¦

(3.) No affidavit-in-opposition was filed by the writ-respondents controverting the statements made in the writ petition. However, as it appears from the impugned judgment and order that at the time of hearing the Rule, the learned Deputy Attorney General appeared on behalf of the writ-respondents, but he could not make any effective submission as the High Court Division noted that the learned DAG, could not assist much as being without instruction.