WRIT PETITION NO. 464 OF 2001

In the Supreme Court of Bangladesh

High Court Division

(Special Original Jurisdiction)

WRIT PETITION NO. 464 OF 2001

IN THE MATTER OF:

Mr.  X

Petitioner

-Versus-

COMPANY 1 and others

Respondents

AFFIDAVIT IN OPPOSITION ON BEHALF OF THE RESPONDENTS

I, _______________________________, son of ___________________________of COMPANY 1 , 73, Motijheel Commercial Area , Dhaka 1000 aged about _____ years, by faith ___________, profession service, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

Contrary to what have been alleged, it is submitted that the contents and explanation of letter of the petitioner dated 19.09.1999 was not acceptable to the respondents and which have been communicated to the petitioner vide the alleged impugned letter dated 03.09.2000. The petitioner had been serving the respondents since 14.02.1973 to 17.03.1979 as Assistant Director (Sales), i.e. Sales In-charge in Y. The petitioner during his incumbency in collusion with the Unit In-Charge has unauthorisedly sold the goods without the approval of Head Office of the respondents on credit  and malafidely did not maintain the record of any sale with the office of the respondents.  Further during the above period no sales proceeds were deposited with the respondents by the petitioner.  Thereafter being suspicious about the operation of all the  projects, the respondents  have formed an enquiry committee vide Office Order No. 148 dated 11.05.97 to investigate the operation of all the projects and who upon investigation has submitted their final report on _________. Relying on the findings of the report, the respondents apportioned the liability of the petitioner  with the  concerned Unit Head at the ratio of 40 : 60 basis.

Copy of the Office Order No. 148 dated 11.05.97 and Final Report dated____ are annexed herewith and marked as ANNEXURE ‘A’ & ‘A(1)’

It is submitted that the respondents have contacted Chairman and DC, District Primary And secondary School Development Committee, Faridpur to supply  school  furniture and the making of which have been assigned to M/S. Ishak Brothers as sub-contractor. Further the petitioner and another have been  assigned by the respondents to supervise the work of the above sub-contractor.  Upon completion of making the furniture, the petitioner received the same from the Sub-contractor with full satisfaction although the furniture were not  made as per  the terms of the work-order.  Upon supply of the  furnitures, Chairman and DC, District Primary And Secondary School Development Committee, Faridpur, denied to accept the furnitures on the ground of their being of low quality and defective. It is mentionable here that the petitioner’s negligence in supervising and receipt of defective furniture caused refusal of  the furniture being taken by Chairman and DC, District Primary And Secondary School Development Committee, Faridpur. Thereafter the respondents have been given an impression by the petitioner that the matter could be settled with Chairman and DC, District Primary And Secondary School Development Committee, Faridpur. Meanwhile a considerable time have elapsed but the matter was not settled at all. Whereupon, at the direction of the concerned Ministry, the respondents paid Tk.3,50,000.00 (Taka three las fifty thousand) only to the Sub-contractor M/S. Ishak Brothers as the proceeds of the work  despite  that the furniture could not be delivered.  It is submitted that, this amount was supposed to be paid off from the amount payable by Chairman and DC, District Primary And Secondary School Development Committee, Faridpur  which could  not be obtained for the negligence of the petitioner.

Drafted by:

For: “The Lawyers & Jurists”

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

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