(Kaieteur News) – Commissioner of Police, Clifton Hicken has rescinded his letter in which he ordered embattled Deputy Commissioner and head of SOCU, Fizal Karimbaksh to proceed on pre- retirement leave amidst investigations into the allegations of rape and threatening behaviour brought against him by a female inspector.
The move comes hours after Karimbaksh threatened to take legal action against the force for sending him on leave. In his letter, Hicken explained that the decision was taken upon further consideration of the constitutional and legal framework governing the exercise of authority in respect of the office of Deputy Commissioner of Police, including the respective powers of the President, the Police Service Commission, and the Commissioner of Police.
Deputy Commissioner Fizal Karimbaksh
As such, the police chief rescinded and withdrew his previous letter by which leave was granted to Karimbaksh with immediate effect. Accordingly, he said that his previous letter shall cease to have effect, and any further action concerning the grant of leave shall be undertaken by the appropriate authority in accordance with the Constitution and applicable law.
Deputy Commissioner of Police and Karimbaksh, had formally contested directives from Police Commissioner compelling him to proceed on pre-retirement leave. Through his attorney, Rizwaun Mohamed, Karimbaksh rejected the legal foundation of the move, warning, that immediate legal proceedings will be launched if the directive is enforced without lawful authority.
The dispute stems from a letter issued by Commissioner Hicken on 7th October, 2026 (reference A/OPF/760), which stated that Karimbaksh is eligible for 174 days of annualised vacation leave prior to his retirement in April 2027 and that the leave “should commence on 11-8-2026”.
However, legal representation for the SOCU head has fired back, stating that Karimbaksh “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 legal challenge centers on both the calculation of accumulated leave and the jurisdiction to enforce administrative absence. According to Karimbaksh’s official records, his actual leave entitlement is 118 days, significantly lower than the 174 days calculated by the police administration. Consequently, the proposed commencement date of 8th November, 2026, is expressly disputed.
Commissioner of Police, Clifton Hicken
Furthermore, the legal notice questions the statutory authority behind the commissioner’s directive. While acknowledging that Section 6 of the Police Act, Cap. 16:01, grants command and superintendence of the force to the commissioner, attorney Rizwaun Mohamed emphasised that these powers must align with the constitution:
“A general reliance upon command authority does not resolve the distinct question of the legal basis for compelling my client’s absence.”
The correspondence highlights that Articles 211 and 212 of the Constitution of the Co-operative Republic of Guyana govern appointment and disciplinary powers. Specifically, Article 212(1) vests disciplinary control over officers of Karimbaksh’s rank in the Police Service Commission. While Article 212(2) permits delegation by written directions, the legal notice notes that the commission is presently unconstituted, and stresses that “[a]ny such vacancy does not, of itself, transfer its powers to you or another authority.”
The intervention explicitly rejects the categorisation of the enforced absence as administrative leave, arguing that semantic framing does not bypass constitutional safeguards.
“On the legal basis presently disclosed, you have no lawful authority to impose such leave upon my client. No applicable statutory power or operative written delegation authorising that course has been identified or furnished.”
Hicken has been placed on notice that if attempts are made to compel Karimbaksh to take leave without lawful backing, legal proceedings will be instituted immediately, including requests for urgent interim relief and costs. Despite the standoff, legal counsel noted that Karimbaksh’s continued performance of his duties should not be interpreted as an acceptance of the disputed leave or a waiver of his objections.
Source: Kaieteur News
