CSC withholds former chair’s salary in compliance with Auditor General’s advice

The Civil Service Commission (CSC) has decided to withhold the salary of former chair, Mohamed Fahmy Hassan, who was dismissed by parliament over allegations that he sexually harassed a female staff member.

The Supreme Court reversed parliament’s decision and Fahmy continued to sign in for work every day.

CSC Media Officer Ali Nizar confirmed to Minivan News that the commission has now suspended Fahmy’s salary and allowances.

“He does not have access to the commission,” Nizar said.

He said that government authorities including President Dr Mohamed Waheed had not responded to the commission when it requested the executive resolve the issue.

According to Nizar, Dr Waheed failed to reply to a letter sent by the commission asking him to resolve Fahmy’s issue.

Auditor General Niyaz Ibrahim told local newspaper Haveeru that his office had given advice on the CSC’s request.

Niyaz told the paper he advised the commission withhold Fahmy’s salary and allowances until the matter was resolved, as it would not be easy to recover once it was paid. He said this was the normal procedure followed in the Maldives.

Minivan News contacted the newly appointed president of the CSC, Ibrahim Latheef, who referred Minivan News to the commission’s secretary general, Mohamed Faizal. Faizal was not responding at time of press.

On August 13, parliament appointed a new member to the CSC to replace Fahmy with 51 out of 54 MPs present voting in favour of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year, parliament voted 38 – 32 in favour of removing Fahmy after the Independent Institutions Committee investigated a complaint of sexual harassment against the CSC chief by the employee.

However on 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

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New CSC head asks president to resolve issue with Mohamed Fahmy Hassan

The new chair appointed to the Civil Service Commission (CSC) Dr Mohamed Latheef has sent a letter to President Dr Mohamed Waheed asking him to find a solution to ongoing issues with previous commission chief Mohamed Fahmy Hassan.

Former CSC Chair Fahmy was dismissed by the parliament over allegations of sexual harassment against a female staff member.

In the letter, Dr Latheef stated that the issue of former CSC Chair Fahmy coming into work after his dismissal by the parliament was still unresolved and that it was an obstruction to the running of the institution.

Latheef told the president that this issue affected both the civil servants themselves and the services being provided to the public.

He referred to constitution Article 196(c) 116, stating that it was the responsibility of the president to solve the issues within government institutions and to uphold the constitution and laws.

Article 196(c) states that “the principles of governance of the state being determined by this constitution, the president shall uphold, defend and respect the constitution, and shall promote the unity of the state.’’

Parliament Yesterday (21 August) sent a letter to President Waheed informing him of the decision made to appoint Dr Mohamed Latheef as the new chair of the CSC.

On August 13, the parliament appointed a new member to the CSC to replace Fahmy, who was dismissed in November 2012 over allegations that he sexually harassed a female member of staff.

51 out of 54 MPs present in the parliament at the time voted in favor of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year, parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment against him lodged by a female CSC employee.

On 14 March 2013, the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

Former Judicial Services Commission (JSC) member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

During a visit to Fuvahmulah this week, President Waheed expressed his disappointment with the court’s dispute, whilst maintaining that his hands were constitutionally tied.

“All institutions are independent. Although the head of state is the president, there are no arrangements in place for him to take action against other institutions. There is not much authority. The president has quite ceremonial powers,” he is reported to have said.

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