The Supreme Court (SC) yesterday upheld the High Court (HC) verdict that declared illegal the appointment of Kazi Habibul Awal as law secretary.
A seven-member full bench of the Appellate Division headed by Justice Md Tafazzul Islam passed the verdict, after dismissing two appeals filed by Habibul Awal and the government.
On February 18 last year, the HC delivered the verdict upon a writ petition.
Awal was continuing in the service of the law secretary, since the Appellate Division stayed the HC verdict.
Writ petitioner's lawyer Barrister Ajamlul Hossain yesterday told reporters Awal has to go back to his previous office of the additional secretary to the legislative and drafting wing of the law ministry following the SC judgment.
Meanwhile, Awal's lawyer Barrister M Amir-Ul Islam said his client is now abroad, and after his return home, decision of filing a review petition with the apex court against this verdict will be taken.
The caretaker government appointed Awal as acting law secretary on June 28, 2007. Later his appointment was confirmed.
Former District and Sessions Judge Aftab Uddin Ahmed, on July 5, 2007, filed a writ petition with the HC challenging Awal's appointment as acting law secretary.
In the petition, he stated that as per the government promotion rules 2000, the highest position of the legislative and drafting wing is the additional secretary. But Awal was appointed as secretary violating the rules.