High Court’s stay order stops enforcement of Tribunal ruling on Mausooma’s sudden transfer to Vilimale’ archive

The High Court has ruled that an enforcement case filed in the Civil Court cannot proceed, following an Employment Tribunal order concerning the transfer of an employee of the Department of Judicial Administration (DJA) to the Judicial Archives in Vilimale’.

The employee, Mausooma Farooq, a Legal Counsel at the DJA’s Legal Department, was abruptly transferred to the Vilimale’ archives in May while she was working in the department.

Case documents show Mausooma was reassigned while she was on leave, during a period when then-Chief Judicial Administrator Amjad Musthafa resigned and two senior DJA staff were suspended.

After her sudden transfer, Mausooma challenged the decision at the Employment Tribunal, which issued an interim order suspending the transfer until the case is decided. The DJA appealed the Tribunal’s order at the High Court, while Mausooma separately applied to the Civil Court to enforce the Tribunal’s ruling.

The High Court had earlier stayed the Tribunal’s order. As a result, the Civil Court on Wednesday ruled that the enforcement case cannot proceed. The decision was issued by Judge Abdul Nasir Shafeeg.

Hearings at the High Court have begun, with judges questioning the DJA extensively. The bench asked about the contents of the email informing Mausooma of her transfer and what steps the department had taken to comply with the Tribunal’s order. Judges repeatedly sought clarification on the legal basis for the transfer and instructed the DJA to submit the formal written decision authorising the reassignment.

The bench also asked about the DJA’s decision to seek a fresh order from the High Court, the intended duration of the “temporary” transfer, whether Mausooma had been consulted beforehand, and whether the change in duties was formally documented.

Judges further questioned what duties were assigned to Arfeesh and what responsibilities were given to Mausooma, and whether her work experience, education and skills had been considered before the transfer.

The hearing revealed that after being transferred to Vilimale’, Mausooma was later temporarily assigned back to the DJA.