I do not think that what subsequently happened calls for very detailed

I do not think that what subsequently happened calls

This preview shows page 5 - 6 out of 26 pages.

substantially in accordance with the provisions of the Police Regulations. I do not think that what subsequently happened calls for very detailed examination. In the event Inspector Kanda was dismissed by a letter dated 7th July, 1958, and after he had unsuccessfully exhausted his departmental rights of appeal he commenced the present proceedings on 1st October, 1959. In these proceedings he asked for a declaration that his purported dismissal on 7th July, 1958, "was void, inoperative and of no effect, and tha the is still a member of the said Force" and for various consequential reliefs. The grounds on which Inspector Kanda claimed his purported dismissal was "void, inoperative and of no effect" were, first, that it had been effected by an authority subordinate to that which at the time of the dismissal had power to appoint a member of the Police Force of equal rank and that this was contrary to Article 135(1) of the Constitution, and second, that it was effected without his being given a reasonable opportunity of being heard and that this was contrary to Article 135(2) of the Constitution and to natural justice The case was tried by Rigby J., who dealt with it in a lengthy and wholly admirable judgment. He took the view that on a proper construction of Article 144(1) as read with Article 135(1) of the Constitution at the material time, which was the time of Inspector Kanda 's dismissal, the power to appoint, and consequently the power to dismiss, officers of his rank was vested in the Police Service Commission and that the Commissioner of Police was an authority subordinate to the Police Service Commission and so by reason of Article 135(1) of the Constitution had no power to dismiss him. That was enough to conclude the case in favour of Inspector Kanda , but His Lordship also dealt with the other ground on which Inspector Kanda 's claim was based. That was that even if the Commissioner of Police had the power to [*124] dismiss him, his dismissal as actually effected was contrary to natural justice and in breach of the Constitution in that he was not afforded a reasonable opportunity of being heard before an order of dismissal against him had been made. On this point His Lordship, after a very detailed examination of the facts, came to the conclusion that there had been a failure to afford Inspector Kanda a reasonable opportunity of being heard before he was dismissed. It is important, however, to observe that His Lordship based this conclusion on two things and two things only. One was that at the original disciplinary proceedings Mr. Strathairn was in possession of a copy of the findings of the Board of Inquiry into the circumstances of the abortive forgery trial. The other was that Inspector Kanda had not been supplied with a copy of these findings. His Lordship concluded:— "In my view, the furnishing of a copy of the Findings of the Board of Inquiry to the Adjudicating Officer appointed to hear the disciplinary charges, coupled with the fact that no such copy was furnished to the Plaintiff, amounted to such a denial of natural justice as to entitle this Court to set aside those proceedings on this ground. It amounted, in my view, to a failure to
Image of page 5

Subscribe to view the full document.

Image of page 6
  • Fall '18

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes