The Supreme Court has dismissed an application by the deputy secretary for the Department of Higher Education, Research, Science and Technology (DHERST), Dr Francis Hualupmomi, to stop the National Court’s decision that reinstated Fr Jan Czuba.
Justice David Cannings at Waigani yesterday said Hualupmomi’s application had no strong case on errors of law and his arguments were without merit.
It is clear that all government agencies and stakeholders involved in the case agreed to the National Court’s decision made on Feb 28, and made their stands clear not to appeal.
There is no merit of the arguments that Fr Czuba should remain suspended.
Cannings
He said the National Executive Council’s (NEC) decision made on May 12, 2021, to suspend Czuba as the Dherst secretary and appoint Hualupmomi as acting due to the criminal allegation against him was absorbed by the NEC’s next decision made on March 15, 2022, to revoke him and for Hualupmomi to remain acting.
Hualupmomi made the application seeking to stay the National Court’s decision made on Feb 28, that nullified the NEC’s decision which revoked Fr Jan and to have him reinstated.
The National Court decision also nullified the appointment of Hualupmomi as the acting DHERST secretary.
Hualupmomi contended that Czuba remained suspended because the NEC decision on May 12, 2021, was in effect and he was still acting secretary until that matter was dealt with.
The Public Service Commission and Czuba through their lawyers all opposed the application saying the National Court’s order was clear that the process involve to make the revocation decision was illegal.
Cannings said Hualupmomi had the right to appeal but the appeal in itself did not make sense.
In the interest of justice, and the public, the application is dismissed.
Cannings
He added that Czuba could now take up his duties as secretary with the NEC able to make a decision on his contract at the end of his term.