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Landmark Decision in the Caramchand Sammy Case, Prison Officer in Trinidad & Tobago

 


Date: April 2, 2023

In a groundbreaking judgment delivered on March 20, 2023, the Honourable Madam Justice Carol Gobin of the High Court of Justice in Port-of-Spain, Trinidad and Tobago, issued a ruling that has far-reaching implications for the rights of public officers and the application of disciplinary regulations. The case, Claim No. CV2021-02017, involved an application for judicial review by Caramchand Sammy against the Public Service Commission and the Attorney General of Trinidad and Tobago.

Background:

Caramchand Sammy, a prison officer stationed at the Maximum Security Prison, faced disciplinary charges for alleged "Discreditable Conduct" and bringing a prohibited cell phone onto the prison compound. The Public Service Commission (PSC) imposed penalties, including interdiction and withholding one quarter of Sammy's salary.

Legal Proceedings:

Sammy pleaded guilty to the charges in 2019, but on appeal to the Public Service Appeal Board (PSAB) in 2020, the decision was overturned. The PSAB modified the penalties, leading to Sammy's reinstatement. However, the PSC refused to restore the withheld salary, citing Regulation 89(4) of the Public Service Commission Regulations.

Key Findings:

Justice Gobin's judgment delved into the constitutionality of Regulation 89(4), which allows the withholding of an officer's salary following disciplinary proceedings. The core issues addressed were:

Imposition of Penalty: The court ruled that the withholding of salary under Regulation 89(4) constituted a penalty and must be considered as such.

Constitutional Compatibility: The judgment emphasized the importance of Section 129(4) of the Constitution, which mandates that no penalty can be imposed without disciplinary proceedings. The court found Regulation 89(4) incompatible with this constitutional provision.

Void Provisions: Justice Gobin declared Regulation 89(4) ultra vires, illegal, null, and void. The court reasoned that the regulation, being inconsistent with the Constitution, could not coexist and was void under Section 2 of the Constitution.

Remedies Granted:

The court granted several reliefs, including declarations that the PSC's decision was illegal and unconstitutional, quashing that decision. Furthermore, compensatory damages were awarded to Sammy for the wrongfully withheld salary, along with interest.

Impact:

The judgment sets a precedent affirming the constitutional rights of public officers, signaling a significant shift in the interpretation of disciplinary regulations. It highlights the need for regulatory alignment with constitutional amendments and underscores the judiciary's role in safeguarding individuals' rights within the public service.

Please also read the story of the case of  Favianna Gajadhar a wronged Prison Officer 

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