Public Service Commission procedure under Court Scrutiny

In a decree issued by the First Hall of the Civil Court on the 5th December 2018, as presided over by Judge Dr Lawrence Mintoff, the Court upheld a Warrant of Prohibitory Injunction filed by Ing Joseph Bajada against the Public Service Commission and the Permanent Secretary within the Gozo Ministry.

The Warrant was filed since the plaintiff had requested access to the PSC file following a petition he filed when results for a post he applied for had been issued. Ing Bajada placed second in a bid to become Assistant Director within the Public Cleansing Section of the Ministry for Gozo. He has been deputizing in this post since 2006, but the selection board gave him 2 marks less than another candidate.

The Court concluded that PSC’s refusal to grant access to the complete file of the selection process was, prima facie a breach of the plaintiff’s rights. The PSC was obliged to carry out its procedures in terms and according to the rules of natural justice, and it was prima facie apparent that the PSC was breaching these rights of the plaintiff when it refused to grant such access.

The Court said that should the PSC process not stop, then the plaintiff will suffer irremediable prejudice, and hence the Warrant was upheld for the plaintiff to file ulterior court procedures in a bid for a Court to investigate further and give the necessary orders.

Ing Bajada was assisted by Ian Spiteri Bailey.

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