The High Court has questioned the legality of the contractual appointment of Muhammad Muhibbullahil Baki as director general of the Islamic Foundation.
The court asked why his appointment should not be declared illegal and without legal effect for allegedly violating Section 49(1) of the Government Service Act, 2018, and Rule 3(c) of the Islamic Foundation (Officers and Employees) Service Rules, 1998.
A High Court bench issued the rule on 1 September after hearing a writ petition challenging Muhibbullahil Baki’s appointment.
The senior secretary of the Ministry of Public Administration, law secretary, religious affairs secretary, chairman of the Anti-Corruption Commission, director general of the Islamic Foundation and Baki himself, among others, have been made respondents and asked to explain why the appointment should not be declared unlawful.
A source familiar with the proceedings confirmed the matter to TIMES of Bangladesh.
Section 49(1) of the Government Service Act, 2018, provides that the president may appoint a retired government employee to a government post on a contractual basis in the public interest.
However, the writ petition alleged that this provision was not followed in Muhibbullahil Baki’s case.
According to the petitioner’s lawyer, Muhibbullahil Baki was appointed as the Islamic Foundation DG on a contractual basis while he was still serving at the National Mosque.
The lawyer argued that under the law, a contractual appointment under the provision can be made only after a government employee retires from service.
The petition also raised allegations of corruption against Muhibbullahil Baki, though these remain allegations and have not been established by a court.
