Former acting permanent secretary in the education ministry, Dr Grace McLean has been interdicted and barred from returning to work until a decision is made on whether or not payback is to be made on the millions unaccounted for at the Ministry.

Queen's Counsel Peter Champagnie confirmed that his client received a formal letter from the Government on Wednesday advising of the interdiction until it is determined whether she will be surcharged.

That decision is to be made by Financial Secretary Darlene Morrison.

McLean was sent on paid leave last October after two law-enforcement agencies launched investigations into $124 million in unaccounted-for payouts to the Dr Cecil Cornwall-chaired Joint Committee on Tertiary Education (JCTE). The funds were paid to the JCTE over 32 months up to June 2020.

READ: McLean sent on leave as AG calls for police probe into questionable $124m payment

Champagnie says until it is decided that McLean will be surcharged, a challenge to the Courts is not on the books at this time.

“The process is not yet at that stage. We await the final outcome in terms of the surcharge, so I don't know that it would be wise to pose any challenges without awaiting the process to be completed,” he said.

“There certainly wouldn't be any need to do any challenges if the recommendation for the surcharge is not followed in terms of a decision finally arrived at. The only instance that you will decide to make a challenge is if whatever decision is made is adverse to the client.”

Labelling his client as a 'distinguished public servant', QC Champagnie said his client maintains she has done nothing wrong.

“My client is resolute that she has done nothing wrong. She is someone who has been honoured publicly and remains a distinguished public servant,” he said.

Following audits of the funds, a recommendation for surcharge was made by Auditor General Pamela Monroe Ellis.

McLean's leave was set to end on Wednesday.