The Fiji Court of Appeal has dismissed an application by the Public Service Commission to appeal the ruling of the PSC Appeals Board which reversed an earlier decision to terminate former Labour CEO, Brian Singh.

Singh's contract as Labour CEO was terminated after he was found guilty on 19 charges of abuse of office in 2004, however the PSC Appeals Board reversed this decision on the grounds that the disciplinary proceedings had not been instituted in accordance to Singh's contract of employment.

The PSC then sought to overturn the Appeals board's decisions and filed to seek leave for a judicial review. However, Singh's legal counsel submitted that there was a delay in brining the appeal and it should not be allowed.

Appeals Court Judges Justice Davendra Pathik, Justice Thomas Hickie and Justice Powell in their ruling state that the application was not brought within the specified timeframe as outlined in the Rules of the Appeals Court which states that the proceedings for leave must be issued without undue delay and in any event within the time limited by the rules.

The Judges dismissed the appeal and ordered that the PSC pay Singh court costs as taxed or agreed between the parties.

Singh was alleged to have colluded with a Travel agent to downgrade his official air tickets and was alleged to have pocketed the difference.