SC rejects Sharif’s writ
Dismissing ACC employees without showing causes legal
The Supreme Court has overturned the High Court division order that cancelled a section of the Anti-Corruption Commission (ACC) service rules. The rule no. 54 (2) says that any ACC employee could be dismissed without showing any reason.
As a result, the section will be there in the ACC service rules.
Following an appeal of the ACC, the Appellate Division, led by chief justice Hasan Foez Siddique, pronounced the verdict overturning the HC order on Thursday morning.
At the same time, the apex court of the country rejected the writ of sacked ACC deputy assistant director Md. Sharif Uddin.
Later, speaking to Prothom Alo, ACC lawyer Khurshid Alam Khan said, “The section achieved legality through this verdict of the Appellate Division and it will be there in the service rules. However, details can be said once the full verdict is published.”
Using the rule, ACC sacked its deputy assistant director Md. Sharif Uddin on 16 February, 2022. Following this, Sharif filed a writ petition with the High Court challenging legality of section no. 54 (2).
The High Court postponed hearing on the writ of Sharif until settlement of ACC’s appeal regarding the section of the service rules. But on 16 June, 2022, Sharif Uddin filed a leave to appeal petition seeking stay on the High Court order.
Both the leave to appeal petition of Sharif Uddin and ACC’s appeal regarding the section of the service rules filed on 2 March was heard at a seven-member bench of the Appellate Division, led by the chief justice. Following the hearing, the bench fixed 16 March as the date for verdict.
Earlier, ACC sacked another employee Md. Ali Ahsan as per the section 54 (2). He also filed a writ petition challenging legality of the section.
The High Court heard the writ and cancelled the section of ACC’s service rules on 27 October 2011. Against the verdict ACC filed a leave to appeal petition that was rejected in November, 2016.
Later, the ACC appealed for a review of the verdict in 2017. The Appellate Division on 28 November, 2021 gave ACC the permission to file an appeal against the verdict. At the same time, the court put a stay on the HC order until the appeal petition is settled.
The anti-graft body filed the appeal last year. The Appellate Division gave its verdict on the appeal plea today.