The High Court today ordered the reinstatement of Inspector of Police Ahmed Shiyam, who was dismissed twelve years ago.
Shiyam was dismissed in May, 2014, on allegations that he had abused the powers of his position as North Division Police Commander. Shiyam filed a case against his dismissal at the Civil Court, which previously ruled that there are no grounds to order his reinstatement.
Shiyam then appealed the ruling at the High Court, which ruled today that he must be reinstated.
According to the ruling, the State submitted no evidence indicating what the Police Disciplinary Board based its decision to dismiss Shiyam on. Therefore, the Court found that the State had not proven that a sufficient investigation had been carried out.
The court affirmed that the burden of proving the dismissal was justified lies with the State. It adds that, under a prior Supreme Court precedent, courts must assess whether the Police Disciplinary Board conducted a sufficient investigation and whether sufficient evidence was obtained in police dismissal matters.
As the State has failed to present such evidence, the Disciplinary Board's decision must be voided, the ruling states.
With this, the the three-judge bench unanimously ruled that Shiyam must be reinstated, and salaries and allowances from the time of his dismissal to his reinstatement must be paid to him.
The case was heard at the High Court by Judge Shaneez Abdulla (presiding), Judge Hassan Shafeeu, and Judge Abdul Maaniu Hussain.



