By Francis Joseph
www.newsday.co.tt
Thursday, August 2 2007

DEVANT MAHARAJ, a senior employee of the National Lotteries Control Board (NLCB) has won another court battle relating to his job.

In a 56-page judgment delivered by Justice James Aboud on Tuesday, the court declared that Maharaj was a victim of unfair treatment by the Statutory Authorities Service Commission. He was also awarded costs.

In fact, Justice Aboud in his judgment, noted that this was Maharaj’s fifth court action in relation to his career as an officer of the NLCB.

He said the complaint common to all the actions was discrimination and unfair treatment by those he works with and those responsible for the advancement of his career.

This was the second time that Maharaj took the Commission to court. He won the first one in which Prime Minister Patrick Manning exercised his veto to block Maharaj’s promotion at the NLCB.

In this case, the court ruled that the Commission violated Maha-raj’s right to confidentiality by insisting that his requests for information concerning his denial of promotion should go through the Director of the NLCB.

The court criticised the Com-mission for adopting such a procedure and ruled it was inconsistent with the provisions of the Freedom of Information Act.

Maharaj filed for judicial review and swore to an affidavit. He stated that “the requested information is pertinent to my career as I have reason to believe that I have been illegally and unfairly bypassed for certain acting appointments and promotions for which I am qualified without even being invited to an interview.”

Maharaj was also concerned that the Commission invited NLCB chairman Louis Lee Sing to the interviews for promotion.

The Commission described the invitation to Lee Sing as its normal practice. The judge said if this was the normal practice, then it was contrary to law. “The regulations do not provide for the attendance and participation of a politically appointed chairman in a meeting designed to appoint an office holder.”

Aboud continued, “it is possible that the insulation from political interference, which is one of the basic philosophical underpinnings of the Statutory Authorities Act, may be breached if a chairman is given the right to participate and vote on the performance of any candidate.”

Aboud could not say if Phyllis Borde was one of the five short-listed candidates because the Commission refused to disclose it to Maharaj. Aboud said if she was one of the short-listed candidates, it would be extremely undesirable for the Commission to have invited Lee Sing as Mrs Borde was his clear preference since 2004

Aboud felt that Lee Sing’s interest ought to have been limited to describing in the fullest detail the qualifications, character and integrity of the person that he would have liked the Commission to select, but not to actually participate in the selection process.

Anand Ramlogan appeared for Maharaj, while the Commission was represented by De Lisa Noel and Grace Jankey.

http://www.newsday.co.tt/court/0,61680.html