State v Public Service Commission, Ex parte Lochan [1999] FJHC 47; Hbj0018x.1997s (16 June 1999)

Fiji Islands - The State v Public Service Commission, Ex parte Lochan - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

JUDICIAL REVIEW

ACTION NO. HBJ 0018 OF 1997

THE STATE

v.

PUBLIC SERVICE COMMISSION AND
ATTORNEY-GENERAL OF FIJI

EX-PARTE: SASHI MAHENDRA LOCHAN

V. Mahand S. Chandra for the Applicant
D. Singh for the Respondents

Date of Supplementary Judgment: 16th June 1999

SUPPLEMENTARY JUDGMENT

This Supplementary Judgment has become necessary following representation to me by counsel for the Applicant that in my Judgment of the 6th of November 1998 I did not specifically make orders in terms of the Motion for Judicial Review which sought certiorari to quash the decision of the Public Service Commission of 26th March 1997 transferring the Applicant to another position in the Civil Service; a declaration that the decision of the Public Service Commission of 26th March 1997 was wrongly exercised in excess of jurisdiction and an order of Mandamus directing the Respondent to reinstate or allow the Applicant to return to his substantive post of Assistant Registrar of Titles.

I think the point is validly taken because I have been informed that as my judgment stands, the Respondent does not consider itself obliged to reinstate the Applicant in his position.

To put the matter beyond any doubt I now formally order that certiorari go to quash the decision of the Public Service Commission dated 26th March 1997 transferring the Applicant from his constitutional and statutory post of Assistant Registrar of Titles to administrative duties in the Ministry of Youth, Employment Opportunities and Sports and Mandamus directing the Respondent to reinstate or allow the Applicant to return to his substantive post of Assistant Registrar of Titles.

JOHN E. BYRNE
JUDGE

Hbj0018x.97s