By KARO JESSE
THE National Court has ordered Defence Department acting secretary Trevor Meauri and his deputy Simon Tunapai (defendants) to reinstate their former first assistant secretary financial services David Porykali.
Other defendants who were odered to comply with the order were Department of Personnel Management secretary Taies Sansan and the State.
Justice Nicholas Miviri yesterday upheld a judicial review application filed by Porykali after he found that the termination was reviewed, with directives from the Public Service Commission (PSC) to have him reinstated.
Since then, the then-secretary Vali Asi refused to comply with that directive, which the court found to be unlawful.
Justice Miviri made orders for defendants to comply with the decision of the PSC made on Aug 27, 2018, which annulled Asi’s decision to reinstate Porykali to his former position without loss of salaries.
He further ordered that all documents relating to Porykali’s suspension be destroyed in his presence.
Porykali served the department for more than 28 years, three years as assistant secretary financial services.
He was served notices for two disciplinary offences in breach of his contract of employment for which he was given two days to respond.
Porykali’s contract of employment was terminated on May 2, 2016, and was made an ordinary public servant until Jan 25, 2017, when his employment with the Defence Department was terminated on instructions from the then-secretary.
Porykali appealed to the PSC and sent a petition to the Department of Personnel Management disclosing maladministration and misappropriation of funds by Asi. In compliance with Ombudsman Commission’s directives and admitting that the Defence Department had erred in terminating Porykali, PSC advised the then-secretary to reinstate Porykali.
It was found that there were no compelling reason for Porykali’s employment to be terminated but the then-secretary failed to consult the Department of Personnel Management on the matter before making his decision.
By KARO JESSE