John Joe Nemambo v Peter Peipul and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Citation: (1994) SC475
• Date: 21 December 1994
• Court: Supreme Court
• Year: 1994

Supreme Court: Kapi DCJ, Andrew J, Sakora J

Judgment Delivered: 21 December 1994

1 Administrative law—dismissal from Defence Force—plaintiff's claim for orders and declarations dismissed by National Court—appropriateness of applying by way of judicial review—scope

2 Practice and procedure—service—where the subject of a disciplinary action refuses to accept service of charge documents—whether this is effective service

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By the Court: This is an appeal from a decision of the National Court which dismissed the Appellant/Plaintiff's claim for orders and declarations in relation to his suspension and dismissal from his employment with the Department of Defence.

The background to this appeal is as follows. The appellant was a Senior Contracts Officer in the Department of Defence in 1990 and in 1991. The Auditor–General's Report for the Department of Defence for the financial year 1991 reported some gross irregularities and errors in management practices by the Department in respect of its financial management. This included the expenditure of K800,000 for the purchase of 20 houses. A subsequent Department of Finance report recommended that disciplinary charges be laid against senior officers in relation to this transaction. The appellant was charged under s47 of the Public Services (Management) Act. The details of these charges were:

"Take note that you are hereby charged with committing serious offences within the meaning of s45, Clause (1) of the Public Services (Management) Act, in that you breached the Public Finances (Management) Act 1986 and the Regulations thereto, contained in the Finance Manual of the Department of Finance and Planning".

The charge then set out some 8 factual grounds in support. Notice of the charges was attempted to be given to the appellant by an officer of the Department of Defence but he refused to accept them. Subsequently, pursuant to s47(5) of the Public Services (Management) Act, he was issued with a termination notice dated 2nd June 1992 advising that he had been dismissed in default of reply to the charges. The notice...