A written reply to the notice shown in the case. A written statement on the notice for apparent reason.
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| Written response to the notice shown in the departmental case of government employees or employees. Legal analysis. |
Date
To
Honorable -------
Subject: The answer to the notice.
Mr.
I am replying to the following in the context of the notice issued at the core of the [name], [Dignation], [Division], your memorandum No. [Remark No.] Date [Date] at the original.
Preliminary speech
First of all, I am completely denied the allegations against me. I was not directly or indirectly involved in the events, behaviors and actions described in the complaint sheet. The allegations are based on assumptions, concepts, and collective liability; but my personal involvement has not been established by any specific, reliable and acceptable evidence.
Secondly, it is legally necessary to provide reasonable decisions, analysing the allegations separately, analyzing the evidence and making reasonable decisions in order to convict an employee in the departmental proceedings. However, such a legal assessment is not observed in the current proceedings.
The Complaints of the Complaints
1. In the case of any complaint described in the complaint, there was no direct, reliable and precise evidence against me.
2. My personal role, activity, guidance, participation or involvement in any complaint has not been established by reliable testimony.
3. The allegations are mainly presented in general and collective language, where there is no clear description of any activity against me specifically.
4. No charges have been proven against me by audio, video, static images, digital records, documentalic elements or direct testimony.
5. The statement and hypothesis of the complainant party is against the principle of administrative law and natural justice to blame an employee for “miscenance”.
Objections regarding evidence
1. The evidence is not independent, impartial and objective.
2. There was no reason for any evidence to be taken and which part was rejected.
3. My written explanations, presented documents and self-defense are not properly considered.
4. There is no analysis of whether the evidence presented in support of the allegations is consistent, reliable and trustworthy.
Legal and constitutional objections
1. All citizens are entitled to equal and equal legal protection in the eyes of the law in accordance with Article 27 of the Constitution of the People's Republic of Bangladesh.
2. According to Article 31 of the Constitution, every person is entitled to legal conduct and cannot be taken in adverse decisions without legal authority against any person.
3. According to Article 135(2) of the Constitution, a government employee cannot be punished without providing reasonable opportunity to inform and defend himself.
4. The fundamental principle of natural justice must be given the opportunity to support effective and meaningful self-defense in accordance with the “Audi Alteram Partem”.
5. Similarly, according to the “Nemo Judex in Causa Sua” policy, no person of interest can be a member of the complainant, presenting and decision-making process.
Legal position in the establishment of misconduct
“Immortal” is a serious allegation. No employee can be held responsible for misconduct only because of doubt, assumptions, collective presence, silent location, or having a name associated with other activities.
Evidence of misconduct is required—
If these elements are absent, the allegations of misconduct are not legally sustainable.
The legal basis for punishment has not been established
K. No complaint has been made explicitly.
K. The evidence has not been properly assessed;
G. There is a lack of reasonable decisions in the investigation or departmental report;
G. The allegations are hypothetical and not personal involvement;
E. The principles of natural justice and constitutional protection are not properly reflected.
Therefore, the legal basis required for the imposition of a grave or any other punishment against me has not been established.
Prayers
Therefore, in light of the above information, the above-mentioned explanations, the actual status of the investigation report, the assessment of the evidence, the applicable law, Articles 27, 31 and 135(2) of the Constitution, the basic principles of natural justice and the applicable employment rules, humbly pray the following:
1. I should be given complete exemption from the charges as the allegations against me are not proven by specific, reliable and acceptable evidence.
2. The notice of the show cause/seence notice issued should be withdrawn as the notice of showing the reason is not legally sustainable.
3. The investigation report should be directed not to accept the report taking into account the complaint-based decision-based decisions, the reason-based conclusions and the lack of an independent assessment of the evidence.
4. No adverse decisions should be taken based on all the appendixes, documents, documents and other materials mentioned in the investigation report but not provided to me.
5. The second reason beyond the limits of the investigation report should be excluded from the consideration of new complaints, new explanations, new arguments or additional observations added to the notice of the show.
6. May the right of my self-defense be properly protected in the light of the principles of natural justice (Audi Alteram Partem and Nemo Judex in Causa Sua) and constitutional administrative justice.
7. As no charge against me is legally proven separately, no punishment or punishment should be imposed in accordance with the Bangladesh Securities and Exchange Commission Employees Employment Rules, 2021 (or applicable job rules).
8. The departmental case should be disposed of in the light of the basic principles of law, rules, evidence and justice and revoke the suspension order (if applicable) and uphold all employment facilities with all employment opportunities.
9. In the interest of justice and in view of the situation, the authorities may be given any other order or order that is appropriate and appropriate.
Nebaduk,
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