Dhaka Bureau: The highest court of the country has given instructions to carefully implement rule 54(2) of the ACC regarding the dismissal of the officers and employees of the Anti-Corruption Commission (ACC) without defense.
The Appellate Division, while giving this direction to the commission, said that the ACC officers deal only with powerful bureaucrats, businessmen, and politicians who engage in corruption by abusing their power. Officers should exercise caution while doing such work. So that the innocent high-ranking people of society should not be victimized in any way. This direction was given in the full judgment of the seven-judge bench of the Appellate Division, headed by outgoing Chief Justice Hasan Faiz Siddiqui. The original judgment was written by Justice Hasan Faiz Siddiqui.
The verdict was announced on Wednesday, December 20. Senior Judge of the Appellate Division, M. Inayetur Rahim, directed the ACC to follow 12-point observation or guidelines in the application of Rule 54(2) of the ACC.
In these guidelines, Justice Inayetur Rahim said that by working with honesty and courage against corruption, this rule can instill fear in the minds of ACC officers and employees. That is why the ACC should apply this rule against officers and employees only in special circumstances as a last resort of law. Also, this rule should never be used as a weapon.
According to the judgment, the opportunity to show cause was not preserved in the application of Rule 54(2). However, the reasons for the dismissal of the accused officer must be mentioned in the dismissal document. Besides, the judgment also mentioned that this rule should never be applied on the basis of pick-and-choose.
Justice MD also observed that one of the senior officials of the commission should be appointed as commissioner to strengthen the operation of the ACC in the judgment. Nuruzzaman.
In the ruling, the Appellate Division said the statute did not offend the doctrine of equity. The public interest is given priority over individual interests. This rule has been included in the ACC Employment Rules so that legal action can be taken quickly without any formality. Necessary regulations are made in the interest of maintaining job orders.
ACC counsel Khurshid Alam Khan told Ittefaq that there is no scope to call Rule 54(2) unconstitutional. That is what has been said in the judgment. The legal authority cautions the ACC to use this rule with caution.
Incidentally, rule 54(2) of the ACC (Employees) Employment Rules, 2008, provides that notwithstanding anything to the contrary contained in these rules, the competent authority shall, without assigning any reason, terminate an employee by giving ninety days’ notice or payment of ninety days’ salary in cash.
By virtue of these rules, The ACC removed an ACC officer named Ahsan Ali from service. The High Court declared the nullity of Rule 54(2) in a writ petition challenging the validity of that rule. In 2016, the Appellate Division dismissed the ACC’s leave to appeal against the verdict. ACC filed a review petition seeking reconsideration of this judgment. ACC gets leave to appeal again. Rule 54(2) was upheld in that appeal.
