Sharif Uddin Reinstated at ACC After More Than Three Years, with Seniority and Back Pay

Mohammad Sharif Uddin is returning to the Anti-Corruption Commission (ACC) more than three and a half years after being dismissed from his job. The commission has withdrawn the order removing him from service and reinstated him. It has also ensured his entitlement to seniority, all outstanding salaries and allowances, and other benefits in accordance with the relevant rules. The information was announced in an official notification issued by the ACC on Tuesday, November 10.

Sharif Uddin was removed from his position as an assistant director at the ACC's Patuakhali office on February 16, 2022. Before his transfer to Patuakhali on June 16, 2021, he had worked at the commission's Chattogram office. During his tenure there, he investigated irregularities in land acquisition for a government project and recommended filing cases against influential individuals. The then ACC official had also filed a general diary (GD) with the police, alleging that he had received death threats because of his work.

His dismissal sparked widespread discussion and criticism at the time. ACC employees also staged a human chain protest in front of the commission's headquarters in response.

The dismissal order stated that Mohammad Sharif Uddin, an assistant director at the ACC's Integrated District Office in Patuakhali, was removed from service under Rule 54(2) of the Anti-Corruption Commission (Employees) Service Rules, 2008. It also stated that he would receive 90 days' salary and applicable benefits under the rules.

On March 13, 2022, Sharif Uddin filed a writ petition with the High Court challenging the legality of Rule 54(2), which allows employees to be removed without being given an opportunity to show cause. He also sought an order for his reinstatement.

During the hearing, the court was informed that an ACC appeal was pending before the Appellate Division against a High Court verdict concerning the dismissal of another commission official, Mohammad Ahsan Ali, under the same rule. In light of this, on May 25, 2022, the High Court adjourned the hearing of Sharif Uddin's writ petition until the appeal was resolved.

Sharif Uddin filed a leave-to-appeal petition with the Appellate Division on June 16, 2022, seeking a stay of that order.

His leave-to-appeal petition was heard alongside the ACC's appeal against the High Court verdict that had struck down Rule 54(2) in the case involving Mohammad Ahsan Ali. On March 16, 2023, the Appellate Division allowed the ACC's appeal and overturned the High Court verdict that had invalidated the rule. It also described Sharif Uddin's leave-to-appeal petition as unnecessary.

The full text of the Appellate Division's judgment was published on December 21, 2023. It directed that Rule 54(2) of the ACC Employees' Service Rules be applied with the utmost caution and set out 12 observations and guidelines for the commission to follow when using the provision.

High Court Orders Reinstatement with Seniority

After the full Appellate Division judgment was published, Sharif Uddin's writ petition was brought before the High Court for hearing. Following the preliminary hearing, the court issued a rule on February 6, 2024.

After the final hearing, the High Court delivered its verdict on July 9 of the following year. It declared the February 16, 2022 dismissal order unlawful and without legal authority, and void from the outset.

The court also ordered that Sharif Uddin be reinstated with his seniority and all outstanding benefits. It directed the authorities to implement the order within 30 days of receiving a copy of the judgment, paving the way for his return to service.

ACC Withdraws Leave-to-Appeal Petition

The ACC filed a leave-to-appeal petition last year challenging the High Court verdict. The commission later applied to withdraw that civil leave-to-appeal petition.

On October 15, the Appellate Division's Chamber Court issued an order in response. According to the order, the commission's lawyer-on-record informed the court that he had been instructed not to pursue the civil leave-to-appeal petition. Following that statement, the petition was dismissed as “not to proceed”.

The ACC has now implemented the High Court's direction by reinstating Sharif Uddin with his seniority and all outstanding salary and benefits.