Justice Nadia Kangaloo will rule today on whether Gary Griffith was lawfully appointed to act as Commissioner of Police.

The ruling is scheduled to be delivered at 130 this afternoon.

Social Activist Ravi Balgobin Maharaj is arguing that Mr. Griffith was not appointed in accordance with Section 123-4 of the constitution.

The last Police Service Commission appointed Mr. Griffith, weeks before all members resigned.

The President has nominated 2 members to the new commission but this has to be debated and approved in the Parliament.

The commission requires 3 members and a chairman for a quorum.

The commission was to forward its recommendations for acting Commissioner to the President, who then issues it to the Parliament for approval by both the Prime Minister and Leader of the Opposition.

However, the President did not issue the list, but the commission appointed Mr. Griffith.

Mr. Balgobin Maharaj’s contention is given that Mr. Griffith was not lawfully appointed, he cannot return to duty in a position he never held.

The Acting Commissioner is expected to resume duty this week.

Mr. Griffith has brought a claim of his own against the PCS, saying it illegally suspended him from duty as Acting Commissioner “until further notice”.

Arguing the case on behalf of Ravi Balgobin Maharaj is a team of attorneys led by former Attorney General Anand Ramlogan.

Senior Counsel Russell Martineau, Douglas Mendes and Ramesh Lawrence Maharaj are leading the case for the PSC, the office of the Attorney General and Griffith, ­respectively.