Fr Czuba seeking leaveto review suspension

The National National
Fr Jan Czuba

SUSPENDED Higher Education, Research, Science and Technology Department secretary Fr Jan Czuba is seeking leave of the court to review a National Executive Council (NEC)’s decision to suspend his appointment. Fr Czuba filed an application seeking leave of the court for judiciary review on the following decisions:

  • THE decision of the NEC made on May 12, gazetted on May 18, in suspending his appointment as department secretary; and,
  • THE decision of the NEC made on the same date in appointing Dr Francis Hualupmomi as the acting department secretary.

Waigani National Court Justice Nicholas Miviri yesterday adjourned hearing of the leave application to today to allow parties in the proceeding to file responses to additional information that had been filed. According to court files obtained by The National, Fr Czuba was also seeking declaration orders to declare that the NEC arrived at the decisions in contravention of the Public Service (Management) Act 1995, which therefore, was null and void. He is seeking orders to declare that NEC’s decision was made ultra vires, an error of law and in breach of procedures prescribed by statute or sub-ordinate legislation designed to ensure procedural fairness. Fr Czuba also stated in his statement of facts that the decision was contrary to the disciplinary procedures set out in his contract of employment.