…. to file an appeal
Opposition Member of Parliament, Ganesh Mahipaul has been dismissed by the Public Service Commission (PSC) from his government post as a Community Development Officer at the Ministry of Local Government and Regional Development, though his case was never heard by the Commission’s Disciplinary Tribunal Committee.
In his capacity as a Community Development Officer, Mahipaul was accused of violating his oath of office and leaking state ‘secrets.’ Though a three-member tribunal was tasked by the Public Service Commission to hear Mahipaul’s case, the hearing was never conducted.
On Monday, March 15, 2021, Mahipaul received his dismissal letter dated March 5, 2021.
The letter seen by Village Voice News reads: “The Public Service Commission, at its Special meeting held on 2021-03-05, after careful consideration of the matter, has decided that you should be and you are hereby dismissed from the Public Service with effect from 2021-05-08, inclusive in accordance with the Public Service Rules.”
The letter was signed by Commission’s Secretary, Jaigobin Jaisingh.
On Tuesday, Mahipaul told Village Voice News that he was only issued with the dismissal letter after he had written the Permanent Secretary of the Ministry of Local Government and Regional Development, Prema Roopnarine. In that letter he had enquired about his employment status.
“Had I not sent that email, I don’t think the ministry was prepared to give me my dismissal letter. I believe they were going to hold on to it for several days which would have hampered me filing an appeal because an appeal must be filed within a specific period,” Mahipaul told Village Voice.
The A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament said his summary dismissal is breach of his constitutional rights, and he will be filing an appeal.
“I thought the Constitution of the Co-operative Republic of Guyana was my protection but when you have people who have no regards and respect for the Constitution holding offices, protection is not guaranteed unto anyone. I am deeply disappointed in the decision of the Public Service Commission because the Law of Natural Justice did not take the course.
I will, however, appeal the matter to the Public Service Appellate Tribunal. I believe my case and position are strong and I will not allow it to simply go down without a challenge. Buckle up, I am in it for the long haul,” he told Village Voice News.
In a letter dated November 3, 2020, the Local Government Ministry’s Permanent Secretary, Prema Ramanah Roopnarine laid the four charges – violation of an oath or affirmation of office, two counts of absent from duty without leave or adequate excuse, and divulging official information of a secret or confidential nature where the duties do not require a public servant to do so – before Mahipaul.
However, Mahipaul has always maintained that the charges are politically motivated and are baseless and without merit.
Mahipaul was accused of causing himself to be named as a candidate on the APNU+AFC List of Candidates for the 2020 General Elections, when such constitutes a breach and violation of his oath of office to be impartial.
But Mahipaul, while denying all four charges, said he took no such oath. “First of all, I [have] never signed an oath of office; I was never presented with such,” he had said in an earlier interview.
But that aside, Mahipaul said the charge amounts to a breach of his constitutional right as a citizen of Guyana, as he referenced to Article 147 (1) of the Constitution of Guyana.
“So clearly the constitution gives me that right to be affiliated with a political party, and to claim that I put my name on a List of Candidates in violation of some oath of office, which I have never seen, I think is out of order, and it violates my constitutional right as a Guyanese to associate with a political party,” Mahipaul contended.
Another charge, alleges that he “leaked” of state “secrets.” It is alleged that on August 10, 2020, Mahipaul published confidential information of the Ministry of Local Government and Regional Development on his Facebook page.
“The information being services provided by Design Unlimited for the production of business cards, compliment slips and design and installation of a sign board for the Ministry of Local Government and Regional Development,” the Permanent Secretary explained, while claiming that Mahipaul breached the Public Service Rules. But Mahipaul, in arguing that there is no breach, described the charge as “frivolous.”
