Judges & Magistrates not part of Civil Service –Minister

Minister of Justice Ahmed Muiz Adnan has stated that judges and magistrates do not come under civil service and as such the Civil Service Commission does not have the mandate to issue retirement notices. Justice Minister made the statement speaking to Miadhu Daily.

Justice Minister said under the Civil Service Act all those appointed by the President under clause (a) of article 42 of the constitution is excluded from Civil Service. He pointed out that Judges are included in the list of appointments mentioned in clause (a) of the article 42 and as such does not come under the Civil Service.

Justice Minister Muiz explained that although the article 42 refers to “Fadiyaaru” (person who makes the final ruling in a court of law), judges and magistrates are the same. He said although for administrative purposes different titles exist, judges and magistrates take the same oath as stipulated in the constitution and the word ”Fadiyaaru” mentioned in the article 42 includes judges and magistrates.

He further said as far as Justice Ministry is concerned judges and magistrates are not part of Civil Service and he will not accept those compulsory retirement notices issued by the Commission to judges and magistrates as valid. Under the retirement article included in the civil service act more than 33 magistrates and a judge have been given retirement notices by the civil service commission said Mr. Muiz Justice Minister.

Mr. Muiz also said corrective measures have been initiated. Civil Service Commission informs that appointments and dismissals by the President under article 42 conform to certain guidelines and procedures. The commission says that those appointments mentioned in article 42 are made directly by the President through a letter of appointments. The commission also said the procedures employed by the President in his appointments and dismissals and the procedures used by rest of the employees are very different.

The commission noted that judges and magistrates are appointed and dismissed by the Public Service Division through a chit. Commission also pointed out that responsible officers of the government are fully aware of these differences. The commission also pointed out that the letter sent by the President Office to hand over some of the responsibilities of the Public Service Division clearly states that judges and magistrates come under the Civil Service Commission.