Amarjit’s appointment: Govt will ‘make it right’
Published on: Saturday, October 19, 2019
KOTA KINABALU: The State Government will “make it right”, said Chief Minister Datuk Seri Mohd Shafie Apdal, in regards to the High Court ruling on the appointment of Datuk Amarjit Singh (pic) as the Sabah Water Department Director.
“We have read the judgement. It was only in regards to Section 3 of the Water Supply Enactment 2003 where it is clearly stipulated that the Director of the Water Department must come from the civil servant line-up,” he said, after presenting contributions to non-Islamic religious schools and bodies, here, Friday.
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“I think the judge, in his ruling, didn’t clearly stipulate that it is illegal.
“There is some kind of contravention but we will put it right to make sure everything is in order,” he said.
Shafie said the Government had instructed the State Public Service Commission to appoint Amarjit on a contract basis.
“When he (Amarjit) is appointed as a contract officer, he’s already become a civil servant. As such, immediately we can put him there (Water Department) as Director.”
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Shafie also explained that any action or announcement by Amarjit on his position of Director was also not illegal as they were in fact instructed by the State Cabinet.
Among other examples, he said, was the termination of contracts involving six companies operating 58 water treatment plants in Sabah previously.
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“That is not done by himself. That is a Cabinet decision. Only the Cabinet has the right to terminate,” Shafie said.
On Oct 10, High Court Judge Ravinthran N. Paramaguru ruled that Amarjit’s appointment as the Water Department Director by the State Government contravened Section 3 of the Water Supply Enactment 2003.
Ravinthran delivered the decision in chambers in the suit filed by former Chief Minister Datuk Seri Yong Teck Lee and Tawau businessman Pang Thou Chung (the plaintiffs) on March 19, this year.
According to the plaintiffs’ counsel, Ravinthran, in granting the declaration order, further held that Amarjit’s appointment was a clear breach of Section 3 of Sabah Water Supply Enactment 2003 because he was not a member of the State public service prior to his appointment as the Director.
The judge, however, amended the prayer A of the plaintiffs’ originating summons by taking out the words “null and void”, said the plaintiff’s counsel.
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The plaintiffs named Amarjit and the State Government as the first and second defendant, respectively.
They were seeking a court declaration that the appointment of Amarjit last year was null and void as it contravened the Sabah Water Supply Enactment 2003. – Ricardo Unto