A former Garda has secured the permission of the High Court to bring a legal challenge against the decision to dismiss him from the force.
Today the High Court heard that Kevin Galvin (aged 36) was a member of the Garda Síochána for 13 years until June 16 last when the Cabinet made the decision to dismiss him, under the 2005 Garda Síochána Act, following an internal Garda investigation.
However Mr Galvin, a married man and father-of-two of Furry Park Road, Clontarf, Dublin 3 claims that the decision to summarily dismiss him from his job is unfair and unlawful.
Mr Galvin who is also seeking be reinstated to the force, also claims the decision to sack him is a breach of his right to fair procedures, his Constitutional rights and his rights under the European Convention of Human Rights.
The court heard that Mr Galvin, who had had worked in information technology at Garda Headquarters, Phoenix Park, Dublin, was sacked arising out of a approximately a dozen complaints going back over several years against him.
Those complaints included that he was the subject of a number of District Court prosecutions brought by Dublin City Council for breaches of fire safety, planning and littering regulations over three properties he owns and for not answering phone calls and for falling asleep on the job.
In his proceedings against the Garda Commissioner, the Minister for Justice and Law Reform, Ireland the Attorney General and the Government of Ireland Mr Galvin is seeking orders from the court quashing the decision to fire him.
He is also seeking a order that he be reinstated and a declaration from the court that the decision to dismiss him is null and void.
Leave to bring judicial review proceedings was granted yesterday by Mr Justice Michael Hanna, following an ex parte application on Mr Galvin's behalf.
The Judge made the matter returnable before the High Court in October when the new legal term commences.