With this view I entirely agree But I cannot agree as the learned Judge went on

With this view i entirely agree but i cannot agree as

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With this view I entirely agree. But I cannot agree as the learned Judge went on to state that the inference appears irresistible that the Adjudicating Officer's mind must have been seriously prejudiced, whether consciously or unconsciously, against the respondent. I repeat that in my view such a prejudice is a bare possibility only and not to be inferred as an irresistible inference from the evidence or from the circumstances of the Orderly Room proceedings. It follows therefore that I am unable to agree with the learned trial Judge that the proceedings before the Adjudicating Officer were in any way a denial of natural justice. I have not mentioned the numerous decisions which were cited to us for though I have referred to them I have come to the above conclusions on my own interpretation of the relevant Articles of the Constitution and for the other part on the facts found to be established by the learned trial Judge and from the record. I would therefore allow this appeal and set aside the whole of the decision of the lower Court. The appellant to have the costs here and in the Court below. I would also dismiss the cross-appeal. NEAL J The respondent in his statement of claim claimed that he was entitled to a declaration together with ancillary relief to the effect that his dismissal alleged to have been effected by the then Commissioner of Police on the 7th July, 1958, was void, inoperative and of no effect, and that he is still (as at the date of his statement of claim on 10th October, 1959) a member of the said force. His claim that it was void — I think without any injustice to him — may be adequately summarised as being based upon the following grounds:— (i) That the Constitution of the Federation of Malaya in giving jurisdiction to a Police Service Commission had impliedly repealed that part of the Police Ordinance which gave jurisdiction to the Commissioner of Police. (ii) That the respondent had not been given his rights under the Constitution, that is to say, he was not given a reasonable opportunity of being heard. This, ground he sub-divided into two distinct allegations — (a) that he had not been supplied with a copy of the findings of an earlier Board of Enquiry not in respect of the actions of any particular officer but in respect of the actual investigation which formed the basis of the charges upon which he was found by a separate tribunal to be guilty; and (b) that he had not been informed before his plea in mitigation of the intended punishment — to put it another way, that he was entitled to be informed of the intended punishment and thereafter to be heard on that particular question. The appellant in his statement of defence denied the lack of jurisdiction in the Commissioner of Police and contended that by virtue of the provisions of the Constitution the right or power of the Commissioner of Police to dismiss as it existed prior to Merdeka Day was continued in force by the operation of Article 144(1) of the Constitution, and that there had been no failure to comply with the provisions of Article 135(1). (A point was made
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