It amounted in my view to a failure to afford the plaintiff a reasonable

It amounted in my view to a failure to afford the

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natural justice as to entitle this Court to set aside those proceedings on this ground. It amounted, in my view, to a failure to afford the plaintiff a reasonable opportunity of being heard in answer to the charge preferred against him which resulted in his dismissal". Having arrived at these results His Lordship gave judgment in favour of Inspector Kanda for a declaration that his purported dismissal from the Police was void, inoperative and of no effect and that he was still a member of the Police, for payment to him of his emoluments from the date of his dismissal on 7th July, 1958, the amount of these emoluments to be found on an inquiry, and for costs. Against that decision the Government has now appealed, and of course such an appeal involves an attack on both of the groups of conclusions which led Rigby J., to his ultimate result. There is also what is called a "Cross appeal"
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Page 5 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA by Inspector Kanda but I propose to disregard it beyond saying it should be formally dismissed because it does not ask that the decision of the High Court should be varied in any way but merely controverts a number of observations made by the trial Judge in the course of his judgment. In the first place I propose to deal with the constitutional question of whether or not the Commissioner of Police had power to dismiss Inspector Kanda . Before doing so, however, it should be made clear that the Constitution which came into force on Merdeka Day, that is 31st August, 1957, was amended by Act No. 10 of 1960 with effect from 31st May, 1960. The material date in the present case is 7th July, 1958, the date of the purported dismissal of Inspector Kanda , and what we are concerned with, therefore, is the provisions of the Constitution as they stood subsequent to its coming into existence but prior to its amendment in 1960. The law relating to what is now known as the Royal Federation of Malaya Police is to be found in the Police Ordinance, 1952 (No. 14 of 1952). Putting aside such functionaries as women police, extra constables and watch constables, the Ordinance divides members of the Force into four classes: gazetted police officers, superior police officers (which includes inspectors), subordinate police officers and constables. As regards gazetted police officers, section 8 provides that such officers shall be appointed "in the same manner as other public officers of corresponding status in the service of the Government of the Federation , and shall be subject to the same disciplinary provisions". The Ordinance is silent as regards the discharge of such officers so the question of their discharge is governed by section 29 of the Interpretation and General Clauses Ordinance, 1948, by which, in brief, a power to appoint is to be construed as including a power to dismiss. As regards superior police officers, subordinate police officers and constables, section 9 provides that such officers may be appointed by the Commissioner and section 10 provides that their appointments shall be for such periods as may be prescribed by Police Regulations.
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