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Apr 11, 2019 News
Sanjah Singh yesterday lost a court battle to keep his job as Region Three Hospital Administrator, a position that was revoked by the Regional Administration after recommendations from the Public Service Commission (PSC).
Both bodies had found that Singh was not qualified for the post.
Chief Justice Roxane George-Wiltshire ruled that upon reviewing the evidence, it was found that Singh failed to produce evidence of his qualifications. She ruled that the court could not determine whether he was qualified for the post.
Justice George explained that during the probationary period for the position there was no evidence to show that Singh made attempts to adequately qualify himself.
In 2017, Singh, through his Attorney-at-Law Anil Nandlall, moved to the High Court challenging the decision of the Regional Administration to demote him to Accounts Clerk II. Singh had asked for, and was granted an Order of Rule Nisi of Certiorari directed to the PSC, temporarily halting its decision.
That order sought to quash the decisions on the grounds that it was unconstitutional and not in keeping with the rules of natural justice, and that the PSC should show cause why the order should not be made final by the court.
Chief Justice George, however, discharged the order yesterday.
In his application to the Court, Persaud outlined that in June 2016, he was informed by Dennis Jaikaran, the Regional Executive Officer, Region Three, that the PSC granted approval for him to be appointed Hospital Administrator, within Region Three on probation for one year, with effect from 2016-05-13, inclusive; that he was acting in the position since 2013.
However, without prior notification and for reasons unknown, Persaud said that he was notified in September 2016 of a decision to rescind his promotion. According to him, the letter outlining his appointment as Hospital Administrator is rescinded and he should revert to his previous position of Accounts Clerk II with immediate effect.
The man had noted that he was not afforded a hearing neither was any reason given for the decision. He also pointed out that the constitutional tenure of the PSC had ended at the time when it made the decision contained in the aforesaid letter, dated September 26, 2017.
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