Bekas pengarah hospital mohon semakan kehakiman berhubung penurunan pangkat

Former hospital director Dr P Yogendra has asked for permission to begin a judicial inquiry into his removal as head of the hospital and reinstatement to his position following sexual harassment allegations that he says lack evidence. Dr Yogendra petitioned the High Court in Kota Kinabalu on August 26, making Kajang Hospital and Women and Children Hospital the respondents.

He requested a declaration that the Sabah Health Department's authority to dismiss him from his position is legally invalid, and that the manner in which his dismissal was carried out is unlawful. Dr Yogendra also asked for a mandamus order commanding the respondent or the authorized authority to restore his position, function, authority and status as hospital director, including salary, allowances and other related benefits.

In the supporting affidavit, he claimed that a police report on a sexual harassment incident filed against him in January did not result in any action because the police classified it as not requiring further action. He stated that a two-day hearing was conducted by the Sexual Harassment Inquiry Tribunal where he represented himself and denied all allegations.

He was surprised when, on the second day of the hearing, he received a letter from the State Health Department informing him that he had been dismissed as director. Three days later, he was informed to report back as a medical officer. At the same time, the complainant was appointed to take over his duties as director until further notice.

Dr Yogendra stated that there were no formal disciplinary proceedings lodged against him, while the tribunal's report, if any, was not provided to him. He emphasized that there was no evidence of any unlawful or sexual harassment incident against him. He served in healthcare for 30 years and during that time, no evidence of sexual harassment or any other misconduct was recorded against him.

Dr Yogendra, who has about a month left before retiring, urged the court to hear his petition quickly. His lawyer, Joan Gan, said the court has granted a fast-track motion application and the hearing has been scheduled for September 1. He confirmed that the writ and affidavit have been sent to the top lawyers in Sabah and the Attorney-General's Department in Putrajaya. FMT is seeking comment from the Health Ministry.