Court orders soldier's reinstatement after 17 years
Mohamed Ismail, who served as a Lance Corporal, was arrested on 9 April 2007 on allegations of drug trafficking and possession of counterfeit currency.
The Civil Court has ordered the reinstatement of a soldier who was dismissed from the Maldives National Defence Force, ruling that he be paid salary and allowances for the period of his suspension, along with consideration for missed promotions.
Mohamed Ismail, who served as a Lance Corporal, was arrested on 9 April 2007 on allegations of drug trafficking and possession of counterfeit currency. He was suspended from duty on the same date, according to documents submitted to the court.
The Ministry of Defence Maldives stated in court that the suspension was justified, noting that after his release on 22 June 2007, Ismail did not report for duty for two months and that a decision had been made to pursue prosecution. He was dismissed from service on 10 March 2009.
Ismail stated that he received notice of his dismissal in 2016 after submitting requests for the document.
In 2016, the Civil Court ruled that the dismissal had followed procedure. However, the High Court of Maldives later overturned that decision and ordered a retrial.
The High Court directed the Civil Court to examine the sequence of events and consider witness testimony presented by the plaintiff.
During the retrial, the Civil Court heard testimony from witnesses called by Ismail. In its judgment issued last Thursday, the court stated that the testimony indicated Ismail had attempted to return to duty but had not been given instructions.
The court also noted that the state did not provide an explanation for the delay between the suspension and the dismissal, and that there was no evidence that the suspension had been reviewed by a disciplinary committee.
The court found that the dismissal did not meet procedural requirements.
The Civil Court ordered that Ismail be reinstated and that salary and allowances be paid from the date of suspension until 9 October 2016, when the dismissal was notified.
The court also directed that he be considered for promotions that he could not pursue during the period and that the arrangements be completed within one month.
