Staff Reporter :
The Appellate Division of the Supreme Court on Sunday stayed for eight weeks a High Court verdict that declared keeping a government official as the officer on special duty, or OSD, for more than 150 days “illegal”.
Justice Hasan Foez Siddique, Chamber Judge of the Appellate Division, passed the order after hearing an appeal petition filed by the government challenging the High Court verdict.
The court also sent the case to the full Bench of the Appellate Division for further hearing and ordered the government to file a regular leave to appeal petition by this time.
Additional Attorney General Murad Reza appeared in the court on behalf of the government.
In a judgement, the High Court on January, 8, 2020, declared to keep a government official as the officer on special duty (OSD) for more than 150 days illegal.
Besides, the court ordered the government to reinstate the officials, who have already passed more than 150 days as OSD in their previous positions.
The court ordered the Public Administration Ministry to form a high power committee headed by a senior secretary to reinstate the officials who already have passed more than 150 days as OSD in their previous positions.
The committee will also examine the legal provisions regarding the officials who have already passed more than 150 days as OSD in their previous positions.
The committee is asked to submit a progress report in the registrar general office of the Supreme Court including the information on execution of the verdict within 90 days after getting the certified copy of the verdict.
The High Court Bench of Justice Zubayer Rahman Chowdhury and Justice Sashanka Shekhar Sarkar delivered the verdict after declaring a rule absolute.
M Asafuddowlah, a former secretary of the government, filed the writ petition with the High Court in 2012 challenging the legality of keeping a government official as OSD.
After hearing the petition, the High Court on June 4, 2012, directed the government to submit a report before it within eight weeks on how many officials were made officers on special duty (OSD) in public administration in last 10 years.
The court in a rule also asked the secretary to explain in eight weeks as to why the government action keeping the officials as OSD for unlimited period without specific reasons and spending State money for paying their salaries should not be declared illegal.
The HC Bench of Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar issued the rule following the writ petition filed challenging the existing system of keeping officials as OSD without any reason for unlimited period. After hearing, the court declared the rule absolute on January 8, 2020.
