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Judge clears way for disciplinary action against police clerk

A judicial review claim filed by a temporary clerk with the police service against the Public Service Commission (PSC) was dismissed by the High Court after the judge ruled there was no legal basis to stop the continuation of disciplinary proceedings. Trishann Sieuraj-Ramdeen had challenged the PSC’s decision to appoint a disciplinary tribunal to investigate misconduct charges stemming from her dual roles in public service. She claimed the process breached Regulation 90 of the PSC Regulations due to procedural flaws and long delays, but the court disagreed. The charges allege Sieuraj-Ramdeen worked as a special reserve police (SRP) officer while also on sick leave from her clerical post. She admitted holding both roles but denied wrongdoing, stating she had submitted the necessary leave requests and did not misrepresent her absences. Justice Ricky Rahim found the PSC's actions, while marked by significant administrative delay, did not deprive Sieuraj-Ramdeen of a fair chance to defend herself. He noted that the delay was largely caused by inaction from the Permanent Secretary of the Ministry of National Security and pandemic-related disruptions, but these did not result in prejudice against Sieuraj-Ramdeen. “The periods that must be examined are those from the date the allegations first came to the attention of the DPA (Director of Personnel Administration) to the date that the note of the allegations is taken before the Commission for their consideration. That delay amounted to some two years and ten months. The explanation for inaction within a reasonable time is nothing short of astounding. “There is no explanation as to why the DPA waited so long for the PS to forward the statement of allegations without contacting the PS directly or in writing. “The record is clear that the PS was not written to until one year and one month had passed. This, in the court’s view, was inexcusable, plain and simple.” Rahim also faulted the Service Commission Department (SCD) for delaying in drafting the allegations against Sieuraj-Ramdeen. “From the evidence before the court, the COP had written to the PS directly by letter of August 9, 2018, informing the PS of the allegations against the claimant, but the letter had been copied to DPA, therefore informing him of the allegation.” He noted, “The communication was, therefore, an allegation of indiscipline being made by the head of the Police Service to the PS and to the DPA, while at the same time warning the claimant of the allegation. “The DPA could, therefore, under regulation 90(2) have validly appointed an investigator but chose to await a report and/or particulars from the PS, which never came.” “Staff shortages cannot be a valid reason for inefficiency when balanced with the rights of the claimant and the duty of the PSC to act in a timely manner. “The court, therefore, finds this delay to have been unreasonable.” However, the judge ruled that Sieuraj-Ramdeen failed to raise her objections at the appropriate time and had fully participated in the proceedings, effectively waiving her right to later challenge the process. “The claimant had ample opportunity to raise issues of delay but chose not to do so until very late,” Rahim stated. “In the view of the court, therefore, despite the delay, the claimant has failed to demonstrate that she would be placed at a disadvantage in answering the charges owing to the passage of time. The failure to put her house in order, if she did fail so to do, must fall squarely at her feet.” In dismissing her claim, Rahim also noted that in appropriate cases, such delays could cause unavoidable harm to the public officer involved. However, he said the various periods of delay were due to administrative failures, not by the PSC itself, but by its staff and employees of the Ministry of National Security. He said those individuals had a duty to act promptly and efficiently in the public interest, which they failed to do. “Their actions clearly were not in the best interests of good administration. Most of all, the evidence of the inaction of the PS is nothing short of incredible.” With the claim dismissed, the stay on the disciplinary tribunal has been lifted, and Sieuraj-Ramdeen has been ordered to pay the PSC’s legal costs. Sieuraj-Ramdeen was represented by Michael Rooplal, Kristy Mohan and Varune Gopaul-Gosine. Maria Belmar and Lianne Thomas represented the PSC. The post Judge clears way for disciplinary action against police clerk appeared first on Trinidad and Tobago Newsday.