Case details

Singh (Appellant) v Public Service Commission (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2018/0031

Jurisdiction: The Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue(s)

Whether the Court of Appeal of Trinidad and Tobago erred in its determination of the manner of the administration of promotions within the Trinidad and Tobago Police Service.

Facts

Mr Singh was informed by the Office of the Commissioner of Police by letter that he was required to sit a written examination for advancement in the First Division of the Trinidad and Tobago Police Service. However, this letter was purportedly sent in error, and Mr Singh was subsequently informed by the Commissioner of Police that he was not eligible to sit the written assessment as he did not satisfy Regulation 21 of the Police Service Regulations (i.e., he did not satisfy the 12-month probationary period). Nevertheless, Mr Singh sought permission to do so, but the Commissioner of Police denied his request

.

On 12 November 2008, Mr Singh made an application for leave for judicial review to challenge the decision of the Commissioner for the Police and an interim injunction permitting him to sit the examination. The High Court refused Mr Singh permission in both respects. Mr Singh appealed. On 13 November 2008, the Court of Appeal granted Mr Singh an interim order to sit the written examination (which he then took on the same day) and leave to apply for judicial review.

On 29 April 2010, the High Court dismissed Mr Singh’s claim for judicial review. Mr Singh appealed and sought an order to admit fresh evidence that another officer had been permitted to sit the written examination after serving only ten months and seven days. The Court of Appeal admitted the evidence and remitted the case to the High Court for re-consideration. The High Court held that the fresh evidence did not alter its previous decision. Mr Singh appealed. On 07 December 2015, the Court of Appeal allowed Mr Singh’s appeal. The Commissioner of Police appealed. The Court of Appeal granted permission to appeal to the Judicial Committee of the Privy Council on 18 July 2016.

Parties

Appellant(s)

Vijay Singh

Respondent(s)

Public Service Commission

Appeal

Justices

Lord Reed, Lord Briggs, Lady Arden

Hearing start date

25 Mar 2019

Hearing finish date

25 Mar 2019