Hospital Administrator takes fight to keep job to Appeal Court

Apr 13, 2019 News

Chief Justice Roxane George-Wiltshire

Dissatisfied with a judgment handed down on Wednesday by Chief Justice Roxane George-Wiltshire, Sanjah Persaud has now taken his fight to keep his job at the Court of Appeal. Chief Justice George-Wiltshire ruled that there was no evidence to support that Persaud was qualified to hold the post of Region Three Hospital Administrator from which he was demoted to Accounts Clerk II.
He now argues that he had been acting in the post since 2013 and therefore had a legitimate expectation that he would have been confirmed as Hospital Administrator.
In September 2016, via a letter from the Region Three Administration, Persaud said that without prior notification and for reasons unknown, he was notified of a decision to rescind his appointment as Region Three Hospital Administrator, a position he had been acting in since 2013. The decision was that he should revert to his previous position of Accounts Clerk II with immediate effect.
In June 2016, Persaud said he was informed by Dennis Jaikaran, the Regional Executive Officer, Region Three, that the Public Service Commission had granted approval for him to be appointed Hospital Administrator, within Region Three on probation for one year, with effect from 2016-05-13.
The following year, Persaud, thorough his Attorney-at-Law Anil Nandlall, moved to the High Court where he complained 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 Public Service Commission (PSC), which made the decision to revoke his appointment on the basis that he was not qualified, had ended.
In delivering her ruling on Wednesday, Justice George-Wiltshire noted, that Persaud failed to produce evidence of his qualifications. She ruled that the court could not determine whether he was qualified for the post. According to Justice George-Wiltshire, the probationary period for the appointment had ended, and there was also no evidence to show that Persaud made attempts to adequately qualify himself.
In this regard, Justice George-Wiltshire discharged an Order of Rule Nisi of Certiorari directed to the PSC, which she had earlier granted in the matter which temporarily halted the decision of the two bodies, until a hearing and determination by the court.
In a Notice of Appeal filed some time after Justice George-Wiltshire’s ruling, Persaud is asking the Court of Appeal to dismiss the ruling of the Chief Justice, on the basis that she misdirected herself on the law by ruling that he did not adduce evidence that he acted as Hospital Administrator of the West Demerara Regional Hospital.
He argues that the ruling of the Judge is contrary to the law, erroneous and against the weight of the evidence.
Persaud argues, “The Learned Hearing Judge erred and misdirected herself by failing to appreciate that the legal challenge was to the decision-making process and not the decision of the Region Three Administration and PCS.
“The Learned Hearing Judge erred and misdirected herself in law by failing to appreciate that the decision-making process embarked upon by the Respondents (Region Three Administration and PSC) was unfair and contrary to the rules of natural justice.”
According to him, Justice George-Wiltshire erred, and misdirected herself in law and misapplied or failed to apply the relevant legal principles in respect of the burden of proof when an Order Nisi is granted calling on the PSC and Region Three Administration to show cause.
Persaud says that he had legitimate expectation that he would have been confirmed as Hospital Administrator within Region Three, after acting in the position since 2013, and then successfully completing a period of probation of a year.
Apart from seeking an order from the Court of Appeal setting aside the decision and order made by Justice George-Wiltshire, he also seeks a Writ of Certiorari directed to the PSC quashing its decision to rescind his appointment in a letter dated September 26, 2017, since according to him, it is contrary to the rules of natural justice, arbitrary, whimsical, capricious, in excess of and without jurisdiction, unconstitutional, unfair, unlawful, void and of no effect.
Persaud is also asking the court for any other orders that the court may deem fit.

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