FORMER central province assistant police commissioner Edward Phiri has sued the state seeking reinstatement after being retired in public interest three years ago.
Phiri has cited the Attorney general as respondent in the matter.
According to the statement of claim filed in the Lusaka High Court, Phiri stated that at the time of his retirement, he held the rank of assistant commissioner in charge of operations, Central Province.
He stated that according to the conditions of service, he could only be retired in public interest on grounds of failure to perform his duties, incompetence and an offence under the disciplinary code.
“The aforesaid law, rules, regulations and disciplinary code require that there be in existence, circumstances that should lead to the retirement of the plaintiff in public interest and that such circumstances be investigated and reports availed to the plaintiff for his response and that a tribunal be set to hear the issue pertaining to his retirement in public interest prior to the arriving at the decision to retirement of the plaintiff in public interest,” Phiri stated.
He further stated that in contravention of the said laws, rules, codes and regulations, by letter dated 18th September 2018, the state, acting through its agent, the Inspector General of Police, wrongfully, unlawfully and acting illegally and maliciously retired him in public interest.
“The said retirement is and was illegal, unlawful, wrongfully and malicious as the same was carried maliciously and without following the law, procedure and rules regarding retirement of an officer in public interest. By reason thereof, the plaintiff has suffered loss, damage and inconvenience,” said Phiri.
Phiri therefore claims an order or declaration that the retirement of the plaintiff from employment by the defendant in public interest is wrongful, illegal, unlawful, unfair and malicious and discriminatory.
He is further seeking an order of reinstatement and in the alternative, an order that the defendant pays the plaintiff damages for loss of employment, inconvenience, suffering and embarrassment.
Phiri also seeks an order for payment to the plaintiffs of all allowances outstanding, pension, benefits, houses and all entitlements accruing to the benefit of the plaintiff and an order that the said pension and pension benefits be paid and calculated as though he served a full term of his service and was retired at the retirement age.
He further seeks interest, any other relief, order or award as the court may deem fit and equitable in the circumstances and costs.