Case Law

Akbar khan vs Anti-Corruption Commission and others (2010)

The facts of the case

Akbar Khan vs Anti-Corruption Commission is a case of Special Original Jurisdiction of the High Court Division, where, on behalf of the Anti-Corruption Commission, the Deputy Director directed the Director of the Commission, Divisional Office, Chittagong, to issue a notice calling for the wealth statement of Md. Akbar Khan and to notify the head office. Accordingly, the Deputy Director issued the notice in question.

However, Md. Akbar refused to submit his wealth statement, and under Article 102 of the Constitution, he issued a writ petition calling upon the respondents to show cause as to why the order passed by the respondents to submit wealth statements was not complied with. It should not be declared to have been passed without lawful authority and is of no legal effect.

Issue of the case

Can the Anti-Corruption Commission be held liable under rules 7(1)(2) and 17(1) of the Anti-Corruption Commission Rule, 2007?

Decision

The decision of the High Court Division was made in favour of the petitioner.

Justification

Anti-Corruption Commission or any Commission under the Anti-Corruption Commission has the power to delegate its power to anyone, not below the rank of Deputy Director. Therefore, the delegatee, namely the Deputy Director, if authorised by the proper authority, may issue a new notice.

However, based on the facts of that case, the court did not find any authority granted to the Director of the Divisional Office, Chittagong, to delegate his authority to the Deputy Director to issue the impugned notice. It is a highly technical legal defect that can be cured. And that notice has no legal effect.