Anti-Corruption Commission (ACC) has withdrawn its order removing Md Sharif Uddin from his post as deputy assistant director and reinstated him to service.
The decision was announced in a notification issued by the ACC on Tuesday. According to regulations, he will receive seniority alongside all back pay and allowances.
Sharif Uddin was dismissed from service on 16 February 2022 while serving as deputy assistant director at the ACC Patuakhali integrated district office. Prior to his transfer to Patuakhali on 16 June 2021, he was posted at the ACC Chattogram office.
During his tenure in Chattogram, he investigated irregularities in government project land acquisition and recommended filing cases against influential individuals.
After receiving death threats for performing his duties, the then commission official filed a General Diary at a police station. Following his dismissal, he took up employment at his brother’s shop.
His removal caused widespread discussion, prompting ACC employees to participate in protests, including forming a human chain in front of the ACC head office.
Legal challenge
The dismissal order cited Rule 54(2) of the Anti-Corruption Commission (Employee) Rules, 2008, which read, “By virtue of the powers conferred under Rule 54(2) of the Anti-Corruption Commission (Employee) Rules, 2008, Md Sharif Uddin (deputy assistant director), ACC integrated district activity, Patuakhali, is removed from service.
On 13 March 2022, Sharif Uddin filed a writ petition challenging the legal validity of Rule 54(2), which permitted the removal of an employee without showing cause, and seeking direction for reinstatement to his job.
During the hearing on the petition, the court was informed that an appeal filed by the ACC against a High Court judgment invalidating the dismissal of another officer, Md Ahsan Ali, under Rule 54(2) was pending before the Appellate Division. Consequently, on 25 May 2022, the High Court adjourned the hearing on Sharif Uddin’s petition until that appeal was resolved.
Sharif Uddin filed a leave to appeal against the adjournment order on 16 June 2022, which was subsequently heard alongside the ACC appeal in the Md Ahsan Ali case.
On 16 March 2023, the Appellate Division granted the ACC appeal, overturning the High Court judgment that had declared Rule 54(2) illegal, and noted that Sharif Uddin’s leave to appeal was redundant.
High Court judgment
The full verdict of the Appellate Division was published on 21 December 2023, observing that Rule 54(2) must be applied with utmost caution and laying down 12 guidelines for the ACC to follow when applying the rule.
Following the publication of the full judgment, Sharif Uddin’s writ petition was presented to the High Court for hearing. The High Court issued a rule on 6 February 2024 after an initial hearing, and delivered its final judgment on 9 July last year.
The High Court declared the dismissal order of 16 February 2022 unlawful and void ab initio, directing the ACC to reinstate Sharif Uddin with seniority and back benefits within 30 days of receiving a copy of the verdict.
Although the ACC filed a civil leave to appeal against the High Court judgment last year, it later submitted an application seeking to withdraw the appeal.
On 15 October, the Chamber Court of the Appellate Division dismissed the leave to appeal for non-prosecution after the advocate-on-record representing the applicant indicated he had received instructions not to proceed with the matter.