Civil Court has ordered the reinstatement of an MNDF officer who was dismissed 17 years ago, and for him to be paid salary and allowances for the seven intervening years in which he was not notified of his dismissal.
The officer in question had been placed on suspension, and had not been notified after the suspension was lifted. He was then dismissed citing failure to report to duty in 2009.
The Civil Court had initially ruled against the officer in 2016. The officer had then appealed the ruling at the High Court, which then ordered a retrial.
Following the retrial, the Civil Court verdict issued last Thursday reads that Mohamed Ismail, of Kothari Villa, R. Kan'dholhudhoo was dismissed after Police had arrested him in 2007 on suspicion of selling drugs and possessing illicit gains. Following these allegations, he was placed on suspension, and then dismissed in 2009.
According to the Defence Ministry, Ismail was dismissed because he did not report for duty for 2 months and 20 days after his release from police custody, without providing justification or obtaining approval from a senior officer. Ismail countered that he had made several attempts to resume duty but had stayed away on the instruction of his superiors.
In court, the Defence Ministry noted that under MNDF regulations, an officer who fails to report to duty without approved leave or authorization from superiors commits an offence that can lead to dismissal.
The ruling states that after being acquitted, Ismail sought confirmation from the Defence Ministry about returning to duty. However, he did not receive a response until 2016, when he was informed that he had actually been dismissed in 2009.
Important points:
- Although a decision was made to dismiss Ismail, he had been handed the chit and notified of his dismissal seven years after the fact, on September 9, 2016.
- The court ruled that there was no procedural fairness in Ismail's dismissal. It further states that an employer's decision must be communicated to the employee within a reasonable period of time.
- The court ordered that Ismail be granted the promotion opportunities he lost during the time he was not informed of his dismissal.
- The court ordered that Ismail be paid within 30 days the salaries and allowances from his date of dismissal, March 10, 2009, to the date he received the letter of dismissal, September 9, 2016.
