Former Region Three Hospital Administrator to Accounts Clerk II, Sanjah Persaud, has now taken his fight to the Court of Appeal to argue against the decision by Chief Justice Roxane George-Wiltshire to uphold his demotion by the Region Three Administration and the Public Service Commission (PSC).
In his appeal, Persaud is arguing that the Chief Justice’s which was passed on Wednesday, was erroneous on a number of legal bases.
Both the Region Three Administration and PSC had found that Persaud was not qualified for his former post. In 2017, Persaud, through attorney-at-law Anil Nandlall, moved to the High Court asking for the Region Three Administration and PSC to show reasons for the decision to demote him with immediate effect.
The Chief Justice, however, ruled that Persaud failed to produce evidence that he was a Certified Accounting Technician (CAT). As such, Justice George held that the court was unable to determine if he was indeed qualified for the position from which he was demoted, and that also there was no evidence to support that he took steps to qualify himself during the probationary period.
In this regard, Justice George discharged an Order of Rule Nisi of Certiorari directed to the PSC that she had earlier granted in the matter which temporarily halted the decision of the two bodies, until a hearing and determination by the court.
At the Court of Appeal, Persaud is asking for the Chief Justice’s decision to be dismissed on the ground that she misdirected herself on law by ruling that he did not adduce evidence that he acted as Hospital Administrator of the West Demerara Regional Hospital.
Persaud argues that, “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.”
Persaud further contends that he had a 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. In this regard, he is now seeking an order from the Court of Appeal setting aside the decision and order made by Justice George.
He further seeks a Writ of Certiorari directed to the PSC quashing its decision to rescind his appointment in a later 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 argues that at the time the decision was made, the constitutional tenure of the PSC had ended.
