Barbara Gayle, Staff ReporterATTORNEY-AT-LAW CHARLES Ganga-Singh, who was fired in November 2002 from his post as legal officer of the Betting Gaming and Lotteries Commission (BGLC), has lost his battle in the Judicial Review Court to have the decision overturned.
Yesterday, Justice Ingrid Mangatal upheld a preliminary point by Dennis Morrison, Q.C., and attorney-at-law Courtney Bailey that Ganga-Singh's motion for judicial review was both inappropriate and an abuse of the process of the court.
Ganga-Singh had contended that the Board of the BGLC did not have the authority to fire him, arguing that he was a public servant. He was seeking a ruling from the Judicial Review Court that the decision to dismiss him contravened the Public Service Regulations and the Staff Orders of the Civil Service.
A CONTRACT OF EMPLOYMENT
The judge, after hearing legal arguments, held that the letter of employment signed by Ganga-Singh in November 2001 constituted a contract of employment between the BGLC and Ganga-Singh. The judge said Ganga-Singh was not the holder of any public office and was therefore not appointed by the Governor-General acting on the advice of an independent body or by the Public Services Commission. It was the judge's finding that the BGLC was not a typical statutory corporation or a department of government.
Ganga-Singh was fired on November 18, 2002 after the Board of the BGLC had a hearing and concluded that there was an irreconcilable loss of trust and confidence in Ganga-Singh's ability to perform his duties. The dismissal arose from Ganga-Singh's withdrawal of charges against a man who was brought before the court for illegal bookmaking and unlawful gaming. The Board said it found Ganga-Singh's explanation for withdrawing the charges unacceptable.
