The Civil Court has held the first hearing into the compensation case for dismissed President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan.
In late December, 2012, Fahmy filed charges against the state seeking compensation for losses after the People’s Majlis dismissed him from his position.
Fahmy’s dismissal followed the Majlis’ no-confidence motion in November 2012 after it had conducted an investigation into allegations of sexual harassment against him.
Speaking at the hearing of the case held today in the Civil Court, CSC legal representative Abdul Naseer Shafeeq stated that, as the law states that the president of the civil service must be appointed by the parliament, the parliament’s decision on the matter is final, local media reported.
Shafeeq added that once the parliament decided on the matter, he believed the secretariat was right in following the parliament’s decision. He further said that he had accepted the secretariat was right in not allowing someone other than the person appointed by parliament to enter the premises of the CSC and take up responsibilities of the Chair.
Fahmy’s access to the commission’s offices was revoked in September last year after he continued to attend work during the impasse between the judiciary and the legislature over his dismissal.
Last March, he Supreme Court -had ruled that parliament’s decision was void on the basis that it had breached the law. Fahmy used this ruling as justification in his case against the state.
He stated that, following the Parliament’s appointment of Dr Mohamed Latheef as the president of the CSC, Fahmy had no grounds to claim the responsibilities of the commission’s president.
Shafeeq further pointed out that Fahmy is currently filling another state position.
Incumbent President Abdulla Yameen appointed Fahmy to the post of Deputy High Commissioner of Maldives in Malaysia in the midst of the CSC scandal – just days after assuming office.
The state had previously raised procedural issues in the case, and arguing that the case cannot be carried forward.
Fahmy is suing the state for damages of over MVR7 million as compensation for financial losses and psychological trauma he has suffered through the CSC’s failure to allow him access to its premises and its severance of his pay after the parliament’ decision.