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Fiji Islands - Court of Appeal Digest 1991-2000 - Public Service |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Anuradha Charan v. Public Service Commission
PUBLIC SERVICE
Public Service Commission Decree 1988- promotions and appointments- suitable qualifications attract no right of appointment- need to follow proper procedures- status of administrative circulars- how far Commission bound by its own circulars- scope for oral examination in Judicial Review- observations on need for J.R. procedure to be controlled by the Court.
2/92
93/661
The Commissioner of Police v David Jaswant Singh
PUBLIC SERVICE
Dismissal from the Police Force- whether tribunal properly appointed- whether Police Regulations observed- rules of natural justice-status of Force Standing Orders- Police Act (Cap 85) Sections 7, 8, 17- Police Regulations r. 13 (iv) – appeal allowed.
46/96
98/391
The P.S. for PSC & PS for Education, Women & Culture v Lepani Matea
PUBLIC SERVICE
Public Service (Constitution) Regulations 1990- the rules of natural justice apply to the regulations as a whole and before the PSC exercises its powers under Regn. 54 the employee has a right to be heard.
16/98
98/288
Fiji Teachers Union & Anr v Permanent Secretary for Education & Ors
PUBLIC SERVICE
Leave passage entitlement - 1964 Leave and Passage Grant Conditions -General Order GO 733 B-GO743- 1972 Leave Conditions-neither party establishing its case in the High Court- High Court orders vacated - appeal dismissed.
11/91
93/117
Fiji Teachers Union & Anr v Permanent Secretary for Education & Ors
PUBLIC SERVICE
See FCA 11/91 above
12/91
93/147
Kepueli Jitoko v. PS for Education
PUBLIC SERVICE
Teacher dismissed from the Public Service notwithstanding criminal conviction quashed on appeal- whether acquitted- whether disciplinary proceedings in breach of rule against double jeopardy- whether breach of rules of natural justice- appeal dismissed.
71/97
99/185
Manunivavalagi Dalituicama Korovulavula v Public Service Commission
PUBLIC SERVICE
Termination of appointment by PSC and by the Ministry - whether termination made under State prerogative reviewable by the Court - PSC's decision to exercise rights to terminate employment not made in accord with purposes of statute for the public good- declaration granted.
6/94
94/415
Mario Nagales Padua v. PSC
PUBLIC SERVICE
Dismissal of medical practitioner- principles governing- appeal against High Court’s refusal to grant leave to move for judicial review of dismissal allowed on ground than appellant had arguable case.
32/97
99/137
Public Service Commission v. Anil Prakash Karan
PUBLIC SERVICE
Unauthorized leave by civil servant - deemed resignation and reappointment - appeal and cross appeal dismissed.
33/89
93/84
PSC v. Epeli Lagiloa
PUBLIC SERVICE
Public Service Commission (Constitution) Regulations 1990- Regulation 41- the Regulations are subject to the rules of natural Justice- the law requires the PSC to afford a respondent an opportunity to be heard before determining guilt or sentence- order for reinstatement set aside- appeal partly allowed.
38/96
97/578
PSC v. Sashi Mahendra Lochan
PUBLIC SERVICE
Power of Public Service Commission to transfer Judicial & Legal Services Commission appointee- no power if effect of transfer results in depriving appointee of power to perform previous duties- power of PSC to transfer as a result of misconduct- power not exercisable on ground of mere suspicion- Constitution 1990 Sections 124 (1), 154 (1) - PSC (Constitution) Regs. 12 19(1).
77/98
99/284
Ram Prasad v. The Attorney-General
PUBLIC SERVICE
Alleged wrongful dismissal- civil servant- whether there was a contractual relationship between the parties- whether proceedings may be commenced by writ or whether judicial review the only remedy- appeal dismissed.
58/97
99/343
© Michael Dishington Scott 2000
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