Embattled Deputy Commissioner of Police and Head of the Special Organised Crime Unit, Fizal Karimbaksh, has threatened to challenge the Police Commissioner’s move to instruct him to proceed on accumulated vacation leave that could lead into his retirement.

The Guyana Police Force announced last Thursday that the Deputy Commissioner of Police had been sent on leave pending the outcome of the investigation into rape allegations that were filed against him by a female Police Inspector.

But in a response to the Police Commissioner, Mr. Karimbaksh through his Attorney Rizwaun Mohamed stated that he does not consent to compulsory pre-retirement leave on the basis presently advanced, and remains ready and available to discharge his duties and comply with lawful directions.

The Attorney said Mr. Karimbaksh’s position must not be construed as acquiescence in an enforced

absence, acceptance of the disputed leave calculation, or waiver of any right.

In the letter, the Attorney stated that while the Police Act confers command and superintendence of the Force upon the Commissioner of Police, those provisions must be read consistently with the constitutional allocation of powers.

The Attorney explained that the Constitution vests disciplinary control over officers at the rank of Deputy Commissioner in the Police Service Commission.

The Attorney said while the Commission is presently not constituted, that situation does not, of itself, transfer its powers to Commissioner of Police or another authority.

Further on the issue of accumulated leave, the Attorney pointed out that Mr. Karimbaksh is scheduled to retire in April 2027 and the official records records reflect a leave entitlement of one hundred and eighteen (118) days, rather than the one hundred and seventy-four (174) days stated in the letter from the Commissioner.

Karimbaksh is contending that the Commissioner of Police has no lawful authority to impose such leave on his client.

“No applicable statutory power or operative written delegation authorising that course has been identified or furnished. Any purported exercise of disciplinary control must conform to article 212 of the Constitution; describing an enforced absence as administrative leave does not dispense with the requirement for lawful authority”, the Attorney said.

The Attorney informed the Commissioner that he has been placed on notice that should he seek to compel Deputy Commissioner Karimbaksh to proceed on pre-retirement or administrative leave without lawful authority, legal action will follow.

The Guyana Police Force has not responded to the letter from the Attorney for Mr. Karimbaksh.

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