The Appellate Division on Thursday declared that the dismissal of Anti- Corruption Commission assistant deputy director Sharif Uddin without giving him the opportunity to defend himself over allegations of misconduct was legal.
A seven members bench, chaired by chief justice Hasan Foez Siqqique also declared that the Rule 54(2) of the Anti-Corruption Commission Employee (service) Rules 2008 following which Sharif was sacked on February 16, 2022, was legal.
The Appellate Division pronounced the verdict after allowing an appeal filed by ACC against a High Court verdict that declated the rule 54 (2) illegal and asked the ACC to reinstate job of its another sacked employee Ahsan Habib.
The Appellate Division also dismissed an appeal filed by Sharif challenging the legality of the rules 54.
The rules empowers the ACC to remove its employees without asking any question about the allegations against them.
Under the law, the ACC can remove any employee with payment of 90 days salaries.
The High Court, earlier, rejected a writ petition filed by Sharif Uddin on March 13 challenging the legality of the dismissal by the commission as the ACC appeal over the rules 54 was pending with the Appellate Division.
The ACC told the court that a total of three departmental investigations were underway against Sharif, while another seven to 10 complaints were pending.
Sharif had served the Chattogram office of the commission for three years and he had been dealing with many corruption cases against ruling Awami League leaders, according to sources in the ACC.
