• Monday, Feb 24, 2020
  • Last Update : 02:39 pm

HC: OSD for more than 150 days illegal

  • Published at 09:40 pm January 8th, 2020
High Court-HC-court
File photo of the Supreme Court building Dhaka Tribune

The court also directed the ministry to form a panel to determine the legal fate of  OSD officials reinstated to their offices

The High Court has declared making government officers on special duty (OSD) for more than 150 days, illegal.

It also ordered the government to reinstate officials who have been kept OSD for over 150 days to their posts.

The bench of justices Zubayer Rahman Chowdhury and Sashanka Shekhar Sarkar passed the order after hearing a petition on Wednesday.

The court also directed the Ministry of Public Administration to form a panel headed by a senior secretary to determine the legal fate of OSD officials who would be reinstated to their offices.

The panel was instructed to report to the top court through its registrar within 90 days after receiving the copy of the judgment.

Barrister Annek R Haque represented the petitioner in the hearing, while Attorney General Mahbubey Alam accompanied by Deputy Attorney General Amit Dasgupta stood for the state.

Barrister Annek said the government should promote the OSD officials who deserve promotion with a recommendation from the panel and also take appropriate legal action against those found guilty by the panel.

The government submitted a report to the High Court in April, 2019, saying that 964 government employees were kept as OSD, of whom, 795 officers were in OSD for more than 150 days. 

Deputy Attorney General Amit Dasgupta said the state will file an appeal against the High Court order. 

On May 31, 2012, former secretary Mohammad Asafuddowla filed a writ petition challenging the system of making civil servants OSD.

The petition stated that the government issued a circular on Oct 3, 1991, saying that a government officer can be made OSD for 45 days to a maximum of 150 days.

It sought the top court's decision on the matter saying the circular is not being followed.