Court dismisses appeal seeking to review decision

By ZEDAIAH KANAU
A COURT has dismissed an appeal by a former public servant who was seeking to review a decision endorsed by the Public Services Commission (PSC) for his termination on the basis that he had failed to resign before contesting the 2012 general election.
Waigani National Court Judge Nicholas Miviri dismissed (in its entirety) former assistant secretary, human resources division of Works, Jimmy Ipata’s application for judicial review, stating that there was no breach of natural justice as alluded to by Ipata.
Ipata was terminated as a result of his failure to resign in accordance with General Order 20.11 which stated that he should have resigned six months prior to the issue of writs for the general elections on May 18, 2012.
If he had done so, this would have been on or about Nov 18, 2011.
He was still on the payroll of the department then.
The PSC confirmed and upheld the decision taken by the acting secretary of the Department of Works to terminate his services as assistant secretary human resources.
Ipata submitted that he was not accorded opportunity to be heard in the penalty on his termination and, therefore, breached Section 59 of the Constitution.
He also contends that he never made rebuttal to the response by the department and the determination that followed by then-PSC chairman Dr Phillip Kereme.
Ipata told the court that his dismissal was erroneous because there was conspiracy to remove him from his job because of major payroll fraud that he had uncovered and was investigating. He then plead to the court for equity.