Dr P Yogendra is seeking a declaration that the Sabah Health Committee for Placement and Transfers lacked authority to remove him from the position and functions of hospital director.
Dr P Yogendra is seeking, among other reliefs, an order that the implementation of the decision to remove him as hospital director and redesignate him as a medical officer at the Women and Children’s Hospital be stayed pending the final disposal of the judicial review application.
He wants a declaration that the impugned decisions were unlawful, procedurally unfair, and consequently null and void and of no legal effect.
Yogendra has named the state health director, the health ministry and the government as respondents in the application filed at the Kota Kinabalu High Court yesterday.
He is seeking a declaration that the Sabah Health Committee for Placement and Transfers lacked lawful authority to remove him from the position and functions of hospital director, and that the manner in which the removal was effected was unlawful.
Yogendra is also seeking a declaration that the decisions to demote and transfer him were made in breach of Article 135(2) of the Federal Constitution for failure to afford him a reasonable opportunity to be heard.
Additionally, he has applied for an order of mandamus directing the respondents, or the appropriate lawful appointing or administrative authority, to restore him to the position, functions, authority, and status of hospital director, together with the remuneration, allowances, and other related benefits.
In an affidavit filed in support of the application, Yogendra claims the police report for sexual harassment lodged against him by the complainant in January did not result in any action, and the police had classified the matter as “no further action”.
He stated that a two-day hearing was conducted by the Anti-Sexual Harassment Tribunal. He said he attended and defended himself, denying all allegations.
“I was surprised that on the second day of the hearing, I received a letter from the state health department informing me that I had been removed as director. Three days later, I was directed to report for duty as a medical officer.
“On the same day, the complainant was appointed to assume my duties as director pending further notice.”
Yogendra further stated that no formal disciplinary charge arising from the matter was served upon him and that the tribunal’s report, if any, was not furnished to him. He maintained that no disciplinary finding of sexual harassment or misconduct was made against him.
He stated that he had served the health service for 30 years, during which no disciplinary finding of sexual harassment or other misconduct had been recorded against him.
Yogendra, who has about eight months remaining before retirement, has urged the court to hear his application expeditiously.
His counsel, Joan Gan, stated that she had applied for a certificate of urgency in view of the circumstances, which the court granted, fixing the hearing for Sept 1.
She confirmed that the writ and affidavit had been served on the Sabah attorney-general and the Attorney-General’s Chambers in Putrajaya.
FMT has contacted the health ministry for comment. - FMT
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