ii that if that conclusion were incorrect the Court should exercise its powers

Ii that if that conclusion were incorrect the court

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(ii) that if that conclusion were incorrect the Court should exercise its powers under Article 162(6) and modify the Police Ordinance to the extent of repealing the powers of the Commissioner of Police. (iii) that there was no substance in the argument on behalf of the respondent based upon Article 135(1), that the failure to inform him of the punishment and to give him the right to be further heard had constituted a breach of Article 135(1). (iv) that the adjudicating officer who presided at the disciplinary proceedings against the respondent as opposed to the previous Board of Enquiry must be held to have been biased because he had received from one of his senior officers the findings of the Board of Enquiry in which that senior officer had expressed a view that was condemnatory of the respondent; that this document had not been given to the respondent and that he had had no opportunity of being heard upon it and the inference to be drawn from it. The appellant appeals against the decision on the following broad grounds:— (i) that by virtue of Article 144(1) that the Commissioner of Police was at the relevant date a person entitled to dismiss and that no jurisdiction to dismiss or even to appoint was given to the Police Service Commission by virtue of the Constitution. (ii) that the Court below was wrong in exercising its alleged powers under Clause 6 of Article 162 since it was not necessary for bringing the Police Ordinance into accord with the Constitution. (iii) that the respondent having been given an opportunity after he had been found by the Adjudicating Officer guilty of one
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Page 18 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA charge to plead in mitigation he was not entitled having made that plea in mitigation to a further opportunity of being heard after the Adjudicating Officer had reached a conclusion as to the appropriate punishment he should recommend. (iv) that the possession of the findings of the Board of Enquiry and the knowledge of their contents before commencing the hearing did not in itself, and standing alone, constitute bias to the extent required in accordance with the principles of natural justice to declare the proceedings void. ( v ) that the learned Judge in the Court below was wrong in law in extending his declaration beyond the date in the statement of claim (I am not clear whether the Attorney-General on behalf of the appellant did not during the course of argument accept the position that that date might be capable of extension to the date on which the hearing of evidence was concluded). (vi) that the learned Judge in the Court below was wrong in law in making any orders as regards payment of salary or the remitting of the case to the Senior Assistant Registrar for enquiry as to quantum, and naturally an entry of the judgment for the amount found, if not disputed.
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