Police sergeant wins case against wrongful dismissal
Stabroek News
October 21, 2003

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Fifteen years after being dismissed from the Guyana Police Force (GPF), a police sergeant has been given restitution for his wrongful dismissal after turning to the courts.

The High Court yesterday ordered that former sergeant 7254 Chandra Bali Roy of Enmore, East Coast Demerara be paid his salaries and other benefits including pension and gratuity along with benefits accruing from leave that he was expected to enjoy if he were still a member of the GPF.

Justice Jainarayan Singh had concluded on October 1 that his dismissal from the force in 1988 was unlawful and unconstitutional.

In his ruling, Justice Singh deemed that the applicant had “remained a member of the force from April 2, 1988 until the date of his superannuation and that he be paid his salary until the date of his retirement and thereafter his superannuation.”

The court further ordered that costs fixed in the sum of $25,000 be directed towards the applicant.

The matter, which was filed against the attorney general and the commissioner of police, referred to Articles 142, 144 and 212(5) and 214 of the constitution.

On April 8, 1988, the then commissioner of police, Bal-ram Raghubir, signed an order discharging Roy from the force on the grounds that it was desirable in the public interest in accordance with Sec 35(1) of Police Act Chapter 16:01.

His dismissal stemmed from the alleged disappearance of a consignment of contraband goods seized during a raid of a Corentyne, Berbice home in 1988.

According to Roy, this incident saw him and several other members of the force including some from the Tactical Services Unit (TSU) being detained and later charged.

This matter was subsequently dismissed in a Berbice Magistrates’ Court in March 1991, but the police prosecutor then indicated the force’s intention to challenge it in the higher courts. After waiting for several years for the High Court challenge to materialize, Roy proceeded to file an action of his own in October 2002.

Roy, who at the time of his dismissal was stationed at the Whim Police Station on the Corentyne coast, was defended by attorney Benjamin Gibson.

Several years prior to his dismissal he had successfully completed examinations to allow him to attain the rank of inspector, including a gazetted examination the approval of which was signed by then commander, assistant commissioner, Hilton Cummings.

Cummings was himself discharged from the force after allegations of impropriety were made against him. These charges were later proved false and Cummings successfully sued the force for wrongful dismissal.

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