In the Matter of an Appeal by Superintendent John Dupai [2004] PGDC 58; DC373 (25 October 2004)

DC373

PAPUA NEW GUINEA
[IN THE CORRECTIONAL SERVICES APPEALS TRIBUNAL]

CASE NO 2 OF 2000

The Matter of Section 46 (1) of the Correctional Services Act 1995

And

In The Matter of an Appeal by Superintendent John Dupai
Appellant

Counsel
No Appearance by the Appellant
Mr. Chris Waiange for the CS Commissioner

25th October 2004

This matter was listed for hearing, along with three (3) other similar such matters before this Tribunal, commencing this week, beginning 25th October 2004. Notices were serviced on all concerned.

Mr. Chris Waiange of the Correctional Services and the other appellants are in attendance with their lawyer Mr. Tamagle of council. This appellant, Superintendent John Dupai is not present. He has left no word with anyone as to whether he still intents to proceed with this appeal. It seems he has lodged this appeal against a demotion in rank.

However the Tribunal is being informed the appellant is no longer a serving member of the Correctional Service (CS). He resigned from the CS and he now lives a civilian life. Mr. Waiange further says the appellant formally withdrew his appeal some time ago. The Tribunal is informed there is a written letter evidencing that. In any event Mr. Waiange applies for this to be struck out for lack of prosecution in the circumstances. It does seem the there has been no interests shown by this appellant thus far. There also is no reason to disbelieve Mr. Waiange as to his assertion that the appellant withdrew his appeal and chose to resign instead. In the circumstances the Tribunal makes the following orders:

1. Application for summary dismissal of the appeal is granted.

2. The Appeal is summarily dismissed as a consequence

Under my hand dated this 25th October 2004.

Mark M. Pupaka
CS APPEALS TRIBUNAL CHAIRMAN – WHP