Region Three Hospital Administrator Sanjah Persaud is fighting a move to revoke his appointment by the regional administration, which is seeking to demote him to an accounts clerk.
Persaud has, as a result, moved to the High Court, claiming that in addition to being denied a hearing, the decision was made after the life of the Public Service Commission (PSC) had ended.
Persaud has asked the court to grant an Order or Rule Nisi of Certiorari directed to the PSC quashing its decision contained in a letter, dated the 26th day of September, 2017 on the grounds that the said decision is contrary to the rules of natural justice and unconstitutional and that the body be ordered to show cause why the said order should not be made absolute; a Writ of Certiorari directed to the PSC quashing its decision contained in the letter; an Order or Rule Nisi of Prohibition directed to the PSC and/or the Regional Executive Officer (REO) of Region Three restraining them, by themselves, their servants and/or agents from appointing any person to act in or perform the functions of the office of Hospital Administrator and that both be ordered to show cause why the said order should not be made absolute; and a Writ of Prohibition directed to the PSC and REO restraining them, by themselves, their servants and/or agents from appointing any person to act in or perform the functions of the office of Hospital Administrator.
In the court documents, Persaud is listed as the applicant, while the PSC and the REO are listed as the respondents.
The Rule Nisi quashing the decision contained in the letter was granted by acting Chief Justice Roxane George, SC, on the 27th of November and the matter will be heard again on 8th of December, when the PSC is expected to show cause why the Order should not be made absolute.
In his affidavit, Persaud explained that by way of a letter, dated 7th June, 2017, Dennis Jaikaran, the REO of Region Three, informed him that the PSC had granted approval for his appointment as Hospital Administrator, on probation for one year, with effect from 2016-05-13. He had been acting in the post since 18th March, 2013.
He said that without any prior notification and for reasons unknown, he received a letter, dated 26th September, 2017, from Jaikaran, rescinding the appointment and reverting him to the position of Accounts Clerk II with immediate effect.
“…prior to receiving the said letter I was not afforded a hearing by the First Named Respondent and no reason was given for the said decision…I am also aware that at the material time, the constitutional tenure of the First Named Respondent [the PSC] had ended,” Persaud noted, while adding that he believes that the decision contained in the said letter was contrary to the rules of natural justice, arbitrary, whimsical, capricious, in excess of and without jurisdiction, ultra vires, unconstitutional, unlawful, null, void and of no effect.
Persaud indicated that he became aware that the REO was taking steps to appoint someone to act in the position and as a result one of his attorneys, Anil Nandlall, wrote to the REO. According to the letter, a copy of which was contained in the affidavit, Nandlall informed that in the legal proceeding which would have been filed either on or before Monday 2nd October, one of the reliefs being sought was an order prohibiting the filling of the position until the hearing and determination of the legal proceedings. “Therefore, any attempt to fill this position in the interim will be construed as a deliberate attempt to defeat and pervert the intended legal proceedings,” Nandlall wrote.
