The High Court protected a senior college officer unfairly suspended post-July protests. Despite official clearances, the college imposed an impossible campus-security rule, then suspended him without a hearing. The court intervened with a Rule Nisi, halting his suspension and all disciplinary action.
Background: Heroic Act Turned Hostile Target
A Senior Administrative Officer with 23 years of service at a Government operated and controlled College faced unexpected hostility following the July 2024 student protests.
Sheltering Students:
During violent clashes near the campus in July, he obtained phone permission from the Principal to open the main gates, providing shelter, food, and first aid to hundreds of fleeing students.
Forced Resignation:
Vested quarters falsely alleged he had blocked entry, leading an agitated crowd to force his apology and verbal resignation under threat of physical harm.
The Trap: An Impossible Reinstatement Condition
Multiple inquiries cleared him and declared his forced resignation invalid. However, the Board of Governors permitted his return, but attached an extraordinary requirement that he had to personally responsible for preventing all untoward incidents, avoiding campus property damage, and guaranteeing his own safety.
When he rejoined in May, student demonstrations broke out again demanding his dismissal. Using the crowd's reaction as a pretext, the Principal temporarily suspended him in June citing failure to ensure campus peace and personal safety.
Key Legal Issues & Grounds
Having no recourse and relief, he challenged both orders in the High Court on key legal grounds:
- l Absurd & Impossible Duty (Wednesbury Unreasonableness): Holding an employee accountable for third-party crowd behavior and campus security is irrational and legally unsustainable.
- l Violation of Service Rules: Under the College's Standing Operating Rules and Procedures, suspension is permitted only during active internal inquiries all of which had already concluded in his favor.
- l Denial of Due Process: The suspension was issued without a show-cause notice, specific charges, or a chance to defend himself.
The Court’s Ruling: Immediate Relief Granted
A Division Bench comprising Mr. Justice Razik-Al-Jalil and Mr. Justice Debasish Roy Chowdhury heard the matter and issued a Rule Nisi and ordered the Principal of the College and other to show cause as to why the unreasonable condition and suspension order should not be declared illegal and stayed the suspension, halting disciplinary proceedings and enabling him to safeguard his professional standing.
Managing Partner Asif Bin Anwar and Senior Associate Kristi Keya Saha handled the writ matter.