Court allows ex-MSD boss to challenge termination decision

THE High Court, Dar es Salaam Main Registry, has allowed former Acting Director General, Director of Human Resources and Administration with the Medical Stores Department (MSD), Johnston Mwakalitolo to challenge decision made by the President’s Office to endorse his dismissal from employment.

Judge Moses Mzuna ruled in favour of the ex-MSD boss, the applicant, after granting his application for leave to apply for prerogative orders of certiorari to quash the decision of the MSD Director General, who terminated the employment and another order of mandamus to compel the latter to reinstate him.

“I allow the application. Leave to file application for certiorari and mandamus is granted. No order as to costs,” the judge said in the ruling delivered last Friday against five respondents, including the MSD Director General.

Other respondents in the matter were the Chairperson of the Board of Trustees of Medical Stores Department; Secretary, Public Service Commission, the Chief Secretary, President’s Office, State House and the Attorney General (AG).

Judge Mzuna was convinced that the applicant has sufficient interest in the instant matter because both parties were in consensus that he was demoted then terminated by the MSD Director General.

According to him, the applicant was removed from his position as the Administrative Manager and appealed before the Chairperson of the Board of Trustees of Medical Stores and that he filed his application well within time of six months as prescribed by law.

“More so that there is an arguable case (and) there is no any other alternative available remedy. In this regard, I am convinced that he has satisfied the required conditions for the grant of leave,” the judge said.

The applicant was the employee of the Medical Stores Department, as Administrative Officer since February 17, 2003 and later promoted to the post of Administrative Manager in 2005.

Sometimes on diverse years between 2014, 2017 and 2018 he was promoted to the post of Acting Director General, Director of Human Resources and Administration.

Then on July 8, 2019 he was demoted as Principal Administrative Officer, Dar es Salaam zone under the Zonal Manager allegedly due to “deteriorating performance” in the administration unit.

His demotion was said to be attributed by lack of minimum required qualifications for the post of Administrative Manager, Master’s Degree, so to speak, which he did not possess.

The applicant appealed to the Chairperson of the MSD Board of Trustees where the matter was then referred to a sub- committee of the Board of Trustees. He was served with seven charges while in the process of awaiting his appeal process.

After filing defence, he was summoned to attend a disciplinary hearing before the Inquiry Committee. Then, was served with a notice of termination without being availed with the results from Chairperson of the Finance and Administration sub-committee of the Board of Trustees on his demotion complaint.

The applicant then lodged his appeal to the Chairperson of the Board of Trustees of Medical Stores Department which, however, was frustrated not to be heard after the MSD Director General had notified the former that the appeal lodged before him was out of time.

He then lodged his complaint to the Public Service Commission on unfair demotion and unfair termination of his employment. The applicant was advised to lodge his complaint afresh which he did. The outcome was that his appeal was lodged out of time.

Aggrieved, he lodged an appeal to the Chief Secretary, President’s Office, State House, who determined the appeal without considering the relevant documents supporting the appeal and therefore committed the same error that the appeal was preferred out of time.

The applicant felt aggrieved by the said decisions and decided to approach the High Court. He seeks to apply for orders of certiorari to move the court to quash the decision of the MSD Director General of November 11, 2019 where it terminated his employment.

He alleged that such termination was reached without establishing the reasons given for termination and without adhering to substantive procedure for termination.

The applicant further seeks for orders of mandamus, to compel the MSD Director General to reinstate him to his former employment position, without loss of entitlements from the date of unlawful termination.