By Sue-Ann Wayow
FORMER Central Bank Governor Jwala Rambarran was wrongfully dismissed from his position by the People’s National Movement Government in December, 2015.
This was the ruling by High Court Judge Devindra Rampersad on Wednesday.
Rampersad ruled that the termination of Rambarran’s appointment on the advice of Finance Minister Colm Imbert was “seriously flawed.”
Paid advertisement
Rambarran was removed prematurely from his position following the change in Government in September, 2015.
His contract was due to end in July, 2017. He was appointed Governor in July, 2012 under the People’s Partnership administration.
Rambarran had sued the State for his dismissal claiming his constitutional right to due process and fairness was breached and that he was also removed from his office because of politics. He also claimed that he did not receive a position as a senior advisor to the G-24 Secretariat based in Washington DC as a result of his removal.
Rampersad ruled, “The termination by the President of the claimant’s appointment as Governor of the Central Bank of Trinidad and Tobago in the purported exercise of power under section 12(e) and section 12 (g) of the Central Bank Act, Chapter 79:02, has contravened the claimant’s right to protection of law, as guaranteed to him by section 4(b) of the Constitution.
“The termination as aforesaid of the claimant’s appointment as Governor of the Central Bank of Trinidad and Tobago has contravened the claimant’s right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations, as guaranteed to him by section 5(2)(e) of the Constitution.
“The termination as aforesaid of the appointment of the claimant as Governor of the Central Bank of Trinidad and Tobago was in breach of the Constitution and the claimant’s rights thereunder, and is accordingly illegal, null and void and of no effect.”
Rambarran is be paid the compensation he would have received if his contract was not terminated before it was due to end in July 2017. The compensation should be calculated by the Central Bank, inclusive of income tax and statutory deductions.
This is to be notified to the court and attorneys for the parties no later than July 6, 2022. He will also receive vindicatory damages in the sum of $175,000.
Rampersad has ordered the State to pay Rambarran’s legal costs and ordered that 2.5 per cent interest be paid on the compensation per annum from January 19, 2019 to date.
The decision to have Rambarran removed from his position came after he announced that the country was in a recession and he also revealed the biggest foreign exchange users in the country in December of 2015.
In his judgment, Rampersad ruled that if there were concerns that Rambarran’s alleged conduct was in breach of aspects of the Central Bank Act and Financial Institutions Act, both had provisions for criminal charges to be laid, which Rambarran would have had to defend before a magistrate.
Rambarran was represented by Anand Ramlogan, SC, Renuka Rambhajan, Kent Samlal, Jayanti Lutchmedial, Vishaal Siewsaran and Natasha Bisram. Russell Martineau, SC, Jason Mootoo and Romney Thomas represented the AG’s Office.
