Reinstate Czuba as secretary: Court

By BEVERLY PETER
THE National Court has ordered that Fr Jan Czuba be reinstated as the Department of Higher Education, Research and Science Technology secretary, ruling that his termination was unlawful.
Judge Oagile Bethuel Dingake of the National Court in Waigani yesterday said the National Executive Council (NEC) failed to follow the right process under the Public Service Commission Act when sacking Fr Jan.
He ruled that the NEC decision on March 15, 2022 to suspend Fr Jan and appoint Dr Francis Hualupmomi was null and void.
“Fr Jan was denied natural justice because a party to be terminated or revoked must be given a chance to be heard as it is fair and just,” he said.
He was satisfied that Fr Jan had established illegalities and the breaches of laws in the case.
“According to the law, department heads are appointed by the NEC in accordance with the procedures set, and recommendations from the Public Service Commission, (PSC)” he said.
“This was not done in this case, and there was no dispute that the NEC had breached the process.”
He also pointed out that Hualupmoni’s appointment as the department secretary was illegal since there was no recommendation from the PSC.
“I have considered the arguments and the affidavits and it appears that it favours Fr Jan’s reinstatement,” he added.
Fr Jan was suspended after being charged with misappropriation in 2021 in relation to the online applications and selection process.
The National Court found him not guilty and discharged him. He filed a case appealing against his suspension in the National Court.
But pending his appeal, he was terminated.
He then filed another case to appeal against his sacking.