State appeals overturn of 5 police officers' dismissal
A high court order restraining the government from implementing the dismissal notice had prevented the removal of the other three officers.
By
Aman Haleem
The police board constituted under the new Police Act has moved the High Court challenging a Civil Court's decision to overturn the dismissal of five officers who were among the officers recommended by the board to be dismissed from service.
On August 9, the police board recommended to the police commissioner that it sees the removal of seven police officers after examining whether commissioned officers are capable of work as mandated by the new law.
When the seven officers were dismissed from service on the basis of the recommendation, five of them approached the Civil Court. The case was decided in favour of them on December 21.
The five officers whose dismissal was overturned:
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ACP Jamsheed
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ACP Ahmed Mohamed
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Chief Superintendent Abdulla Shareef
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Superintendent Ismail Shameem
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Superintendent Mohammad Dawood
According to the High Court registry, the state filed an appeal on Sunday. The AG's office had earlier said that it was appealing the case as it was found that the Maldives Police Service Act was not properly interpreted in the civil court's ruling.
The civil court set aside the police board's decision on the ground that the police board does not have the power to dismiss officers. Quashing the notices issued to the five officers for dismissal, the civil court observed:
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No documents have been submitted to the trial court to show that the officers have been investigated
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Though the law empowers the board to decide whether senior police officers are capable of work, it does not give them the power to dismiss officers
On behalf of the police board and the police, the state argued in the court that the police board has the power to dismiss police officers accused of abuse of power, torture or corrupt practices.
Of the seven officers who have been recommended for removal from the police board, the remaining two out of the five that appealed their verdict, Assistant Commissioner Farhadh Fikury and Chief Superintendent Ahmed Shuhadh, have sought their dignified retirement following the notice. While it is certain that Shuhadh was given the opportunity, it is not certain that Farhad had been given it as well.
Of the five officers who went to the court, ACP Jamsheed and ACP Mohammad were removed as per the police board's notice. However, a high court order restraining the government from implementing the dismissal notice had prevented the removal of the other three officers from being dismissed.
