Supreme Court
Action No. 77 of 1983
10th March, 1983.
Moe, C.J.

Mr. M. Young for the Applicant.
Mr. G. Brown, Solicitor General for the Respondents

Judicial Review - Certiorari - Leave to apply for certiorari - Public Service Commission - Failure to observe rules of natural justice- Preliminary objection - Adequate redress available - Appeal to lies to Belize Advisory Council- Leave denied - Applicant to pursue normal procedure of appeal.

J U D G M E N T

The Applicant, a public officer, seeks leave to apply for an Order of Certiorari to remove into this Court and quash a decision of the Public Services Commission by which the Applicant was retired from the Public Service. The grounds of the application are two-fold: Firstly, that the Commission failed to observe the rules of natural justice in considering charges against the Applicant. He alleges that the Commission:

(a) considered the charges without having a hearing;

(b) failed to give him adequate opportunity to present his case;

(c) failed to give him notice of the proceedings where the charges were considered;

(d) failed to give him adequate opportunity to test, impugn and contradict the case against him.

Secondly, that the Commission retired the Applicant without having received the report of an investigating body in contravention of or ultra vires the regulations made by the Governor-General under Article 106 (3) of the Constitution.

The Solicitor General raised an objection to the grant of leave to the Applicant on the ground that there is adequate redress available to the Applicant which is provided by Section 111 of the Constitution.

The portions of Section 111 of the Constitution relevant for this purpose are as follows:

"(1) This section applies to - (a) --------- any decision of the Public Services Commission to remove a public officer from office or to exercise disciplinary control over a public officer-----

(2) Subject to the provisions of this section, an appeal shall lie to the Belize Advisory Council from any decision to which this section applies at the instance of the public officer in respect of whom the decision is made: ----------

(3) Upon an appeal under this section the Belize Advisory Council may affirm or set aside the decision appealed against, or may make any other decision which the authority or person from whom that appeal lies could have made".

The Public Services Commission will from time to time give decisions with which members of the public service are dissatisfied. The Constitution recognizes this and provides a simple and inexpensive procedure for having such decisions reviewed. See section 111 of the Constitution.

Any public officer in respect of whom a decision is made may seek leave to apply for an order of Certiorari to have the decision reviewed by the Supreme Court. The grant of the remedy of Certiorari is however discretionary. It is not a matter of course. In deciding whether to exercise its discretion in favour of an Applicant the Court has to consider why the Applicant has not used the alternative procedure and, unless a satisfactory explanation is given, ought not to exercise it in his favour.

It was contended for the Applicant that it is more appropriate to have the matter dealt with in the Supreme Court because of the nature of the application, a question of law was involved and because it raises matters of particular importance to public officers.

I have taken into account the explanation given by the Applicant for not pursuing the alternative remedy, and a consideration of the application which weighs heavily in my decision is of the grounds of the application. I refrain from saying too much on the issue involved and the merits of that application - I hold simply that I do not see that on balance any injustice would result by the Applicant pursuing the normal procedure of appeal to the Belize Advisory Council.

In exercise of my discretion I decline leave to proceed.

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