Former Region 3 hospital administrator appeals non-reinstatement decision

Former acting hospital administrator of the West Demerara Regional Hospital in Region Three, Sanjah Persaud has appealed the April 10 decision by acting Chief Justice Roxane George, which ruled that he was not qualified for that respective position and, therefore, should not be reinstated.
The appeal was filed on Friday by Attorney-at-Law, Anil Nandlall and listed the Public Service Commission and the Regional Executive Officer of Region Three (Essequibo Islands-West Demerara) as the respondents.
In her decision, the Chief Justice had ruled that the applicant only served in the acting position and was not qualified for the position due to the fact that he could not supply sufficient evidence. During his probation period, George affirmed that Persaud did not qualify himself to suit his role. For this, she stated that the Commission could not confirm the applicant to the post of hospital administrator.
The appeal was filed on the grounds that the decision of the judge is contrary to the law, erroneous and against the weight of evidence; that the presiding judge also misdirected herself on law by ruling that the applicant did not present evidence that he acted in the capacity of hospital administrator of the West Demerara Hospital; and that the judge misdirected herself in law by failing to appreciate that the legal challenge was for the decision-making process and not the decision of the respondents.
Persaud is also challenging the case on the grounds that the judge misapplied or failed to apply the legal principles in respect to the burden of proof when an order nisi is granted, calling upon the respondent to now show cause; and the appellant had a legitimate expectation that he would have been confirmed in that respective post since 2013.
The applicant is seeking to have the decision reversed or a writ of certiorari to the Public Service Commission, quashing its letter which rescinded his appointment as hospital administrator and further reverting his position of accounts clerk II, with immediate effect.
That conclusion is based on the fact that the decision “is contrary to the rules of natural justice, arbitrary, whimsical, capricious, in excess of and without jurisdiction, unconstitutional, unfair, unlawful, null, void and of no effect”.
In Persaud’s affidavit, it was stated that the Regional Executive Officer at that time, Dennis Jaikaran, had notified him via a letter that approval was granted by the PSC for him to hold the position of hospital administrator. He had been acting in that capacity since March 2013.
However, Jaikaran wrote another letter in September 2017, rescinding the appointment and furthermore, rescinding him to the position of accounts clerk II.