Staff Reporter :
The High Court on Wednesday declared that keeping of a government official as the officer-on-special duty (OSD) for more than 150 days is illegal.
Besides, the court ordered the government to bring back the officials who have already passed more than 150 days as OSD to their previous positions.
The court ordered the public administration ministry to form a high power committee headed by a senior secretary in this regard for the purpose of overseeing the legal provisions regarding the officials who already have
passed more than 150 days as OSD in their previous positions.
The committee has been asked to submit a progress report in the registrar general office of the Supreme Court about the execution of the verdict within 90 days after getting the certified copy.
The High Court bench of Justice Zubayer Rahman Chowdhury and Justice Sashanka Shekhar Sarkar delivered the verdict after declaring a rule absolute.
Barrister Annek R Haque appeared in the court on behalf of the writ petition while Attorney General Mahbubey Alam stood for the State.
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 within eight weeks on how many officials were made officers on special duty (OSD) in public administration in last 10 years.
The court also asked the public administration secretary to mention in the report the tenures of keeping the officials as OSD in last 10 years and how much money was paid for them during that period.
The court in a rule also asked the secretary to explain in eight weeks as to why the government action keeping the officials 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 OSD without any reason for unlimited period.
After hearing, the court declared the rule absolute on Wednesday.
The government will appeal against the judgement, said Deputy Attorney General Amit Das Gupta.
In the observation, the court said, “All the OSD officials are the citizens of the country and they got appointment showing their qualifications. The government failed to show cause as to why the officials have been kept as OSD for unlimited period.”
The High Court on Wednesday declared that keeping of a government official as the officer-on-special duty (OSD) for more than 150 days is illegal.
Besides, the court ordered the government to bring back the officials who have already passed more than 150 days as OSD to their previous positions.
The court ordered the public administration ministry to form a high power committee headed by a senior secretary in this regard for the purpose of overseeing the legal provisions regarding the officials who already have
passed more than 150 days as OSD in their previous positions.
The committee has been asked to submit a progress report in the registrar general office of the Supreme Court about the execution of the verdict within 90 days after getting the certified copy.
The High Court bench of Justice Zubayer Rahman Chowdhury and Justice Sashanka Shekhar Sarkar delivered the verdict after declaring a rule absolute.
Barrister Annek R Haque appeared in the court on behalf of the writ petition while Attorney General Mahbubey Alam stood for the State.
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 within eight weeks on how many officials were made officers on special duty (OSD) in public administration in last 10 years.
The court also asked the public administration secretary to mention in the report the tenures of keeping the officials as OSD in last 10 years and how much money was paid for them during that period.
The court in a rule also asked the secretary to explain in eight weeks as to why the government action keeping the officials 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 OSD without any reason for unlimited period.
After hearing, the court declared the rule absolute on Wednesday.
The government will appeal against the judgement, said Deputy Attorney General Amit Das Gupta.
In the observation, the court said, “All the OSD officials are the citizens of the country and they got appointment showing their qualifications. The government failed to show cause as to why the officials have been kept as OSD for unlimited period.”
