The Court of Appeal has confirmed a judgment of the First Hall of the Civil Court whereby it was declared that the transfer of an employee within a government department was illegal, abusive and ultra vires the government's powers.

This first court delivered its judgment following a writ filed by Dennis Tanti against the Prime Minister, the Minister for Social Development, the Parliamentary Secretary for Health, the Chief Government Medical Officer, the Director of Health, the Director of Human Resources in the Health Department and the Principal Medical Officer of St Luke's Hospital.

Tanti, a nursing officer with the Health Department, was allocated duties in a male surgical ward at St Luke's Hospital in March, 1993. Later that year, he filed a judicial protest alleging that he had been discriminated against when promotions were awarded.

On the following day, Tanti was informed by the Principal Medical Officer that he was to be transferred to Tal-Ferha Estate, at Gharghur. Upon Tanti's insistence that he ought to be informed in writing about this transfer, the Health Division sent Tanti a fax. However Tal-Ferha Estate was not informed of this transfer until more than 10 days later.

In his writ Tanti had alleged that this transfer was a form of retaliation against him. Furthermore, he claimed that he had lost money as a result of this transfer and had also suffered psychological damage. He requested the court to declare the transfer null and void.

In its judgment, the First Hall of the Civil Court had ruled that Tanti ought to have filed his case only against the Chief Government Medical Officer (CGMO). This officer, said the court, was entitled to transfer nurses from one hospital to another, and so long as bad faith was not proven, the courts did not enter into the merits of how this power was exercised, for Tanti did not have a right not to be transferred.

However, the CGMO's right could not be exercised arbitrarily or without a good reason. Tanti, said the court, had produced sufficient evidence to raise strong suspicion that there was a connection between his judicial protest and the transfer ordered on the following day, particularly when it resulted that he had been transferred to a hospital where there were already eight nurses for five patients.

The court was therefore morally convinced, particularly when the CGMO did not produce evidence about his reasons for ordering the transfer, that the transfer was a disciplinary measure. The transfer was therefore declared to be null and void.

The CGMO lodged an appeal from this judgment to the Court of Appeal composed of Chief Justice Vincent Degaetano, Mr Justice Anton Depasquale and Mr Justice Albert J. Magri.

The appellate court confirmed the judgment of the First Hall of the Civil Court and ruled that it was satisfied that the transfer was a form of retaliation and therefore an illegitimate punishment. The transfer had not taken place for purposes of organisation or internal administration.