A COURT has rejected an application by Fr Jan Czuba to stay a Cabinet decision to suspend him as secretary of the Department of Higher Education, Research, Science and Technology.
Deputy Chief Justice Ambeng Kandakasi rejected Fr Jan’s urgent application in the National Court to stay the decision and to restrain the State from taking any disciplinary action against him, intimidate or harass him, pending the ruling on his application for a judicial review of his suspension.
Police charged Fr Jan with one count of official corruption and nine counts of abuse of office on Dec 18, 2020.
He will return to court on May 31 when his application for leave to review the Cabinet decision will be heard.
Fr Jan was suspended on May 12 following a Cabinet decision that was gazetted on May 18.
DHERST Minister Wesley Raminai said Fr Jan was under criminal investigations and would return when he cleared his name.
He is suspended with pay.
Dr Francis Hualupmomi has been appointed as acting secretary for three months or until the completion of the investigation, whichever occurs first.
He held the position of deputy secretary for policy and quality assurance at the department.
Lawyer Darryl Kamen, representing Fr Jan, claimed that Cabinet had made the decision without consulting the Public Services Commission.
However, Justice Kandakasi rejected that claim after a gazette on the suspension was presented to the court confirming that the decision was made on the recommendation of the Public Services Commission.
Lawyer, Kevin Kipongi, from the Solicitor-General’s office, argued that the application was not proper as Fr Jan was seeking an interim injunction without the leave of the court.