Law and Development, a human rights body, yesterday served a legal notice on the chairman of BERC (Bangladesh Energy Regulatory Commission), Secretary to Establishment Ministry, Secretary to Energy Ministry and Dr. Salim Mahmud, member of BERC, for involvement in some "unlawful" and "illegal" actions in recent times, which is a gross violation of BERC Rule-2003.

Terming the recent changes in some top posts at BERC a 'gross violation of BERC Act', the human rights organisation asked the persons to come up with reply within the next 48 hours, otherwise, it said, it would go for legal action. Ghulam Rahman, chairman of BERC, yesterday submitted his resignation letter to the President giving a 30-day prior notice for giving it a lawful shape.

On April 29, Ghulam Rahman was appointed chairman of Anti- Corruption Commission (ACC). The appointment was made when he was in the USA on a training tour to learn about energy regulatory management.

The notice said, according to complaints from some quarters, the government has changed the BERC chairman and cancelled the appointment of a member of the commission, which is a gross violation of Section 2 of Chapter 2 and Section 11 of Chapter 2.

It said Ghulam Rahman, chairman of BERC, has been appointed chairman of Anti-Corruption Commission (ACC). But when the appointment was made, he has neither resigned from his job, nor has he been removed from it. According to the Act, he cannot be removed from his present position if either of these two does not occur.
"As per BERC rule, he would have to submit his letter of resignation to the President giving a one month's notice," Dr. Shahdeen Malik, associated with the process told reporters.

In addition to this change, a new appointment has been made at a time when the chairman and another member of BERC were in the USA on a training tour to learn in detail about energy regulatory regimes and their working process.

In such a circumstance, Ghulam Rahman has been given a new appointment without even bringing him back home. Concerned people observed that it was not taken in view what responsibility he would be executing on return home after learning about the US energy regulatory system.

Another BERC member, Khalilur Rahman, has been terminated from his job. It has been observed that appointment of Khalilur Rahman to this post has been unlawfully dismissed.

The reason cited is that the appointment of Khalilur Rahman was not contractual. He was appointed for three years in accordance with the BERC requirement procedures. Appointment of a member for three years is as per BERC Act.