A former employee of the Ministry of Education, Heritage and Arts has been given leave to apply for judicial review of his employment termination.

Arvind Kumar signed his three-year contract on December 3, 2018, and in September 2019, there was a complaint against him for inappropriate behaviour towards a female staff.

Court documents revealed that on January 9, this year Mr Kumar was issued a show-cause letter which he responded to four days later.

He said the allegations against him were fabricated.

On March 11 he was issued a termination letter.

The ministry contended that since Mr Kumar was under contract, the relationship between the parties were purely master and servant, in the realms of private law, hence judicial review could not be sought.

In finding an arguable case to grant leave, Justice Deepthi Amaratunga said Mr Kumar was not subjected to disciplinary action in terms of Regulation 22 of the Civil Service (General) Regulations of 1999.

Both parties have been ordered to pay their own costs.

Edited by Selita Bolanavanua

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