Prithima Kissoon has been vindicated

Nov 10, 2021 Letters

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Dear Editor,

Kaieteur News – Prithima Kissoon, Attorney-at-Law, has triumphed over Basil Williams, Attorney-at-Law S.C. and the former Attorney General whose disastrous attempts and pernicious conduct hatched to oust her from the public service as Deputy Solicitor General without lawful cause.
After the Honourable Justice Nandram Kissoon was recused by the Chancellor’s decision and Court of Appeal, Miss Kissoon, through her Lawyer Mr. Nigel Hughes then filed again alternative legal proceedings in the High Court to remedy the wrongful and unlawful conduct of Mr. Basil Williams and the Public Service Commission.
This matter (Prithima Kissoon v The Public Service Commission and the Attorney General of Guyana, Action No. 2021-HC-DEM-CIV-FDA-320) was duly heard by the Honourable Madam Justice Sandra Kurtzious on the 30th July, 2021 when the Respondents consented to judgment to the several orders claimed by the Applicant and agreed that the process was unconstitutional, etc. and made the following Orders:
(a) The decision of the PERMANENT SECRETARY of the Ministry of Legal Affairs, that PRITHIMA KISSOON, had breached Rule H12(1) of the Public Service Rules, for leaving the jurisdiction without permission is quashed on the ground and for the reason that PRITHIMA KISSOON, was not given a fair hearing or the right to legal representation, as such the decision was ultra vires, an abuse of power, in breach of the rules of natural justice, null and void for the reason that the Public Service Commission is the only lawful authority empowered after due process to make such finding and as a consequence the said decision is unlawful, irrational, excessive, unreasonable, null, void and of no legal effect and in breach of the Public Service Commission Rules.
(b) THE decision of the PUBLIC SERVICE COMMISSION, that PRITHIMA KISSOON, Deputy Solicitor General, had breached Rule H12(1) of the Public Service Rules, for leaving the jurisdiction without permission, is quashed on the ground and for the reason that PRITHIMA KISSOON, was not given a fair hearing or the right to legal representation and as a consequence the said decision is unlawful, irrational, excessive, unreasonable, null, void and of no legal effect and in breach of the Public Service Commission Rules.
(c) THE decision of the PUBLIC SERVICE COMMISSION that PRITHIMA KISSOON, had breached Rule H12(1) of the Public Service Rules, for leaving the jurisdiction without permission, premised and/or founded on her alleged participation in a purported Commission of Inquiry and as a consequence the decision to dismiss PRITHIMA KISSOON, is quashed since it is excessive, without merit, unlawful, ultra vires, unconstitutional, wholly in excess of jurisdiction, unreasonable, null, void and of no legal effect, in breach of the Public Service Commission Rules, in breach of and a denial of the principles of natural justice and legitimate expectation.
(d) THE decision of the PUBLIC SERVICE COMMISSION that PRITHIMA KISSOON, be dismissed is quashed for the reason and on the ground the Public Service Commission failed to follow the procedure as contained in the Public Service Commission Rules for the appointment and constitution of a disciplinary tribunal and as a consequence the said decision is unlawful, ultra vires, unconstitutional, wholly in excess of jurisdiction, unreasonable, in breach of the Public Service Commission Rules, in breach of and a denial of the principles of natural justice and legitimate expectation.
(e) PRITHIMA KISSOON, do receive and be paid full salary for the period from the 31st day of August, 2017 to the 2nd day of May, 2018.
(f) The years of service for the period between the 31st day of August, 2017 to the 8th day of August, 2021, both dates inclusive to be considered, be and is hereby preserved and computed on the permanent establishment of the Public Service for the purposes of calculation the pension and benefits of PRITHIMA KISSOON, the Applicant herein.
(g) These proceeding are brought to an end by the Consent of the Parties, and this Consent Order reflects the full and final settlement of the issues raised in this Action and brings to an end all matters in relation to and or in connection with the Applicant’s dismissal as Deputy Solicitor General, provided that libel proceedings instituted by the Applicant prior to the date of this Consent Order shall not be affected by this clause.
Mr. Basil Williams hid this fact of Miss Prithima Kissoon’s successful claim from the public when he published the judgment of the Court of Appeal against Justice Nandram Kissoon which he tactically published as he has a similar matter before the very Court of Appeal for extension of time to appeal a procedural issue in the libel matter pending in the High Court brought by Miss Prithima Kissoon so he is claiming special relationship of the Judges with Miss Kissoon with the hope to succeed.
Respectfully,
J. Kissoon
Attorney-at-Law

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