Judge dismisses discrimination claim by top civil servant asked to resign in 2013

Asking permanent secretaries to resign when a new government is elected is a Constitutionally-established procedure, a Judge has said

Former permanent secretary Christopher Ciantar
Former permanent secretary Christopher Ciantar

A discrimination claim filed by the Permanent Secretary to a former Nationalist minister who had been asked to resign after Labour came to power in 2013, has been dismissed.

The First Hall of the Cilvil Court, with judge Silvio Meli presiding, declared that Christopher Ciantar’s rights had not been breached, nor had there been any discrimination on the part of the Prime Minister and the Principal Permanent Secretary in asking him to tender his resignation in March 2013.

Ciantar, who had been a permanent secretary to resources and rural affairs minister George Pullicino, had advised the previous PN administration on a number of controversial decisions.

After his employment was terminated, he had filed a lawsuit against the Prime Minister, the Attorney General and the Principal Permanent Secretary, alleging that he had been unfairly forced to resign and return to a lower post after the Labour victory in the 2013 election. Ciantar further alleged that he had also been subjected to discrimination when he was not selected for the post of Director General of the civil service.

Ciantar had argued that his treatment was discriminatory and “unacceptable in a democratic society”.

But the court, after performing a thorough evaluation of the procedure involved in the decision to terminate the official’s contract, together with that of all the other Permanent Secretaries at the time, ruled that this decision had been taken after a Constitutionally-established procedure and following a consultation with the Public Service Commission and signed off on by the President.

Regarding his claim of having been discriminated against in the decision to select another candidate for the post of Director General, the court observed that the successful candidate had been more qualified for the role, holding a Masters degree and two Doctorates in a relevant field, as well as several years of experience in top leadership roles both in Malta and abroad, amongst them as Chairperson of the European Fisheries Control Agency.

The case was dismissed.