HC questions former ACC official Sharif Uddin’s dismissal

The High Court today issued a rule questioning legality of the Anti-Corruption Commission's (ACC) action for terminating Sharif Uddin, the then assistant director of the commission, from the service without issuing any show-cause notice.

In the rule, the court asked the ACC to explain in two weeks why its decision of termination should not be declared illegal and why it should not be directed to reinstate Sharif in the service with all other benefits since his dismissal.

On February 16, 2022the ACC sacked Sharif under the section 54 (2) of Anti-Corruption Commission (Servants) Service Rules-2008. According to the section, the commission can terminate any officer either issuing 90-day notice or paying 90 days salary in cash.

Today, the HC bench of Justice Md Nazrul Islam Talukder and Justice Kazi Ebadoth Hossain issued the rule following a writ petition filed by Sharif on March 13, 2023, challenging the legality of his dismissal without giving him opportunity to defend himself.

During hearing of the petition, Sharif's lawyer Md Salahuddin Dolon told the HC that the ACC cannot terminate its official from the service with 90-day notice.

The ACC has violated Sharif's constitutional right by applying the section 54(2) of Anti-Corruption Commission (Servants) Service Rules-2008, he said.

Barrister Salahuddin said his client has been terminated from service as a camouflage for hiding the real purpose as he had exposed corruption, money laundering and misappropriation of many influential persons by investigating several cases while he was in the service.

Sharif has been subjected to malafide acts and harassment and ultimately the people, whose corruption had been exposed by him, have been able to get rid of, the lawyer argued.

The Appellate Division of the Supreme Court on March 16 last year in a verdict justified Section 54(2) of ACC Service Rules but issued 12 guidelines and observations on termination of the job of employees of the government, semi-government, autonomous bodies, corporations, statutory bodies and institutions observing that the right to life included right to livelihood.

The ACC removed Sharif Uddin from the service without following any of the SC guidelines, the lawyer told the HC.