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The High Court dismissed a judicial review leave application as time-barred, finding it was filed well outside the six-month limit after the President’s decision.
In the absence of any response from the respondents disputing the applicant's allegations of unfair trial and procedural violations, the court finds sufficient grounds to grant leave for judicial review.
Source excerpt
The applicant had exhausted all available remedies by appealing to both the Public Service Commission and the President, whose decision was final and conclusive. The subsequent application to the Public Service Commission for extension of time was misconceived and did not create a new right of appeal. Therefore, the preliminary objections lacked merit and were overruled.
Source excerpt
The applicant demonstrated a prima facie arguable case for judicial review by raising substantial issues regarding denial of the right to be heard, procedural irregularities in his termination, and exhaustion of remedies. The application was timely, concerned a decision by a public body, and was made in good faith. Leave to apply for prerogative orders of certiorari and mandamus is therefore granted.
Source excerpt
The applicant met all conditions for leave: he established an arguable case, filed within the six-month limitation period, demonstrated no alternative remedy as the impugned decision is final, and acted in good faith with full disclosure. The absence of a counter affidavit from the respondents meant the applicant's facts were unchallenged. Leave to apply for prerogative orders of certiorari and mandamus is granted.
Source excerpt
The applicant was denied a fair hearing as required by law; the charge was defective, additional charges were not served, and there was no evidence of proper inquiry proceedings. These procedural defects vitiated the disciplinary process and subsequent decisions, warranting the grant of certiorari to quash the termination decision.
Source excerpt
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