Suspended Civil Aviation Authority (CAA) Director Human Resource and Administration (DHRA) Pascal Jabbe Osinde Osudo has petitioned the Minister of Works and Transport Gen Katumba Wamala calling his suspension “unfair and illegal.”
In a letter dated 25th May 2020, State Minister for Transport Joy Kabatsi ordered suspension of Oside for 6 months to allow room for investigations on allegations of disharmony, backstabbing, infighting and persistent fiction in CAA allegedly caused by him.
Jabbe was sent on forced leave and replaced with Mrs Efrance Musiimenta to act as DHRA.
However, Jabbe has written to Works and Transport Minister Gen Katumba Wamala calling his suspension unfair and illegal.
“The letter addressed to me by the Honorable Minister in my humble opinion is unfair and illegal since neither Uganda Public Service Standing Orders not the General Terms and Conditions of Service Regulations grant her (Kabatsi) such powers,” said Osinde in his letter to Gen Katumba.
Making reference to section 55 of CAA Act, Jabbe said the Minister may give CAA written directions as to the performance of it’s functions, which direction shall only be general nature, be as it may.
He added that only the Board as the Appointing Authority has the powers to legally discipline or disappoint him.
Although leave is an entitlement to public officers or other employees and procedures for one to be granted leave are provided for under the Employment Act, Uganda Public Service Standing Orders and General Terms and Conditions of Service, Jabbe said leave is not compulsory and cannot be used as a form of punishment to any public officer.
He reiterates that his suspension is illegal.
“I have never received any verbal or written complaint against me regarding the manner in which I conducted my work especially in regards to my individual role to the alleged disharmony at all. In the premises therefore, sending me on leave was unfair and illegal,” said Jabbe in a letter to Gen Katumba.
Although Minister Kabatsi stated that disharmony in CAA revolves around him, Jabbe said he has never been informed about it neither has he been granted an opportunity to be heard.
He added that the act to suspend him portrays bias on Kabatsi since disharmony connotes the involvement of more than one party and suspending him without following due procedure is “unfair, illegal and marred with procedural impropriety.”
He therefore requested Gen Katumba to lodge his formal appeal against the actions that infringed on his contractual rights in line with section 79 of General Terms and Conditions of Service on grounds that he has not been granted fair hearing adding that the disciplinary process in accordance with Employment Act and General Terms and Conditions of Service have not been followed.
He also requested that allegations and forced leave/ suspension be set aside and he is accorded an opportunity to be heard.
Jabbe further informed Gen Katumba of the mistreatment and harassment he suffered as a result of the actions conducted on him including humiliation, of being blocked out of his office in full view of the staff.
