Court rejects bid to stop police sergeant major promotions

The Court has revoked the precautionary warrant for a prohibitory injunction against possible new calls for promotions to the police rank of Sergeant Major it had issued after 22 police sergeants claimed to have been denied their right to a promotion twice.

The sergeants had alleged that the selection process for the sergeants major posts back in 2013 were discriminatory in their regard. The officers had filed for a warrant of prohibitory injunction against the Home Affairs Minister, and the Police Commissioner, attempting to halt a fresh applications call for the posts of sergeants major.

The issue dates back to a 2013 call which they said originally stated that persons with proven and relevant work experience were to be favoured. They said that this requisite was removed and substituted through a fresh circular the same day. Interviews for candidates were held on 8 and 10 October 2013, but marking criteria were not displayed, and results were not published, they claimed.

A second set of promotions was issued in May 2016, after a number of fellow Sergeants complained to the Police Commissioner, who they said, acknowledged certain shortcomings in the process of selection. The plaintiffs took their issues before the Police Board, however the issue is still pending.

The plaintiffs claimed that the police were going to issue a new call for applications, and thus took this court action. They claimed that the discrimatory treatment by the Commissioner affected their prospects for a promotion, their income and future entitlement.

In response to the prohibitory injunction, the Public service Commission (PSC) said that the request by the plaintiffs is an abuse of legal procedures. It also said that there is no call for promotions to Sergeant Major currently. The PSC said that the plaintiffs have no prima facie right to be given a promotion. The Commissioner of Police, and the Home Affairs Minister both sent a reply, stating that no process for a call for applications for the posts mentioned by the plaintiffs was made. The letter also read that the minister does not interfere in any way in police promotions.

The Court noted that promotions to the grade of Sergeant Major in the police force are at the discretion of the Police Commissioner. It also noted that there are currently 12 empty Sergeant Major posts in the force. The court, however, said that there is no current selection process thus meaning that there is no prima facie right to safeguard.

The court said that a warrant of prohibitory injunction is not an ordinary legal procedure, but is rather an exceptional one.