BM Desk : The stock market regulator BSEC has placed itself in a difficult legal and administrative situation by temporarily suspending 21 employees on charges of sabotage and office discipline without looking into the potential legal repercussions. A 2015 High Court ruling states that at least seven of the officials who were placed on temporary leave did so willingly. The commission has yet to decide on them, even though they returned to office on July 2.
Following the disrespectful behavior of the commission chairman and commissioners, who blocked them for four hours, BSEC temporarily suspended 21 officials on charges of office discipline and sabotage on April 29. Concurrently, a show cause notice was issued to initiate departmental action. Nearly three months have elapsed since that time, yet the agency has not implemented any final decisions.
Among those suspended, director Abu Raihan Mohammad Mutasim Billah returned to the office on July 2, referencing a 2015 High Court ruling. On November 10, 2015, a writ (Writ Number- 3657/2015) from the High Court’s double bench, which included Justice Rezaul Hasan and Justice Khizir Ahmed Chowdhury, stated, ‘Unless otherwise specified in the current law, no employee of a government or quasi-government institution can be suspended for more than 60 days, and must receive full salary during that period.’
When approached for comment, Abu Raihan Mohammad Mutasim Billah informed the media, ‘There is no provision in the commission’s service rules for indefinite suspension. Therefore, I returned to the office and notified the commission.’
Mutasim Billah took the initiative to rejoin and communicated to the commission that Executive Director Rezaul Karim, Director Abul Hossain, Fakhrul Islam Majumder, Deputy Director Md. Nanu Bhuiyan, Assistant Director Aminul Haque Khan, and several others who were suspended are reportedly present in the office. However, the commission has yet to assign any responsibilities to them or convey any decisions through administrative correspondence.
When questioned about his return to work, Executive Director Rezaul Karim stated that despite being temporarily suspended, he is still required to attend the office. However, he did not acknowledge his return to work by referencing the High Court verdict.
In response to inquiries, BSEC Commissioner Mohsin Chowdhury informed the media that the Law Department has been tasked with providing a legal opinion on this matter. The Law Department indicated that they have sought advice from a Supreme Court lawyer. Nevertheless, it remains unconfirmed whether a legal opinion has been obtained.
Regarding the appointment two ranks higher on deputation, Deputy Secretary Monir Hossain Howlader was appointed on deputation to BSEC from the Ministry of Public Administration to occupy the vacant positions of those who are temporarily suspended. However, he was appointed to the role of director, which is two ranks above his current position.
According to BSEC service regulations, if there are no eligible officers for promotion, joint secretaries can be appointed on deputation to the director position. If a Deputy Secretary receives salary and allowances in the fourth grade, they can be appointed as an additional director, and if they receive salary and allowances in the fifth grade, they can be appointed as a joint director. Monir Hossain, who is a Deputy Secretary, receives salary and allowances in the fifth grade. Monir Hossain stated to the media, “The appointment to a higher position within the commission was made by the Ministry of Public Administration.
He will, however, be compensated based on the government-established grade; there hasn’t been any rise in this area.” Monir Hossain was first hired as a joint director on deputation, according to a Ministry of Public Administration official. His role was later changed to director on the Financial Institutions Department’s recommendation.
