He further asked for orders directing that an account be taken of the salary

He further asked for orders directing that an account

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He further asked for orders directing that an account be taken of the salary and emoluments due to him as from the date of his allegedly invalid dismissal and the payment to him of the amounts found to be due. The plaintiff based his claim on two grounds, one a matter of law, and the other of mixed law and fact. First, he contended that, as a matter of law, by virtue of the Federal Constitution which became the supreme law of the Federation of Malaya as from the 31st day of August, 1957, the powers of appointment and dismissal of Superior Police Officers were no longer vested in the Commissioner of Police but had become vested in the Police Service Commission. Secondly, he contended that even if the power of dismissal was still vested in the Commissioner of Police his dismissal was invalid in that he was deprived of the fundamental right of being given a reasonable opportunity of being heard before the order of dismissal was made against him. On the first ground, after considering the provisions of the Police Ordinance 1952, and the Constitution, the learned trial Judge stated: "In my view, bearing in mind what I conceive to be the purport and intent of the provisions of Part X of the Constitution, the previously existing statutory powers of the Commissioner of Police to appoint, confirm, promote, and dismiss Superior Police Officers were impliedly revoked by Article 144, which places such powers in the hands of the Police Service Commission and, to that extent, the relevant Sections of the Police Ordinance conferring these powers upon the Commissioner of Police must be regarded as 'modified,' that is to say, repealed". Finally the learned trial Judge stated: "In my view, on a construction of Article 144(1), read in conjunction with Article 135(1) of the Federal Constitution, at the time of his dismissal, the power to appoint and consequently the power to dismiss — the plaintiff was vested in the Police Service Commission, and the Commissioner of Police, as an authority subordinate to the Police Service Commission, had no power to dismiss him. I should, perhaps, add that the fact that the Commissioner of Police is an authority subordinate to the Police Service Commission is expressly admitted by the defendants in their pleadings. It follows that, in my view, the plaintiff's purported dismissal by the then Commissioner of Police on the 7th day of July, 1958, was void and inoperative, and he is accordingly entitled to the declaration and consequential orders which he seeks in his Statement of Claim". The learned trial Judge then dealt with the second ground of the claim. He dealt most comprehensively with the facts. For the purposes of this appeal I think a bare outline of the facts is all that is necessary. In December 1957 a Board of Inquiry was appointed by the then Commissioner of Police to enquire into the failure to obtain convictions in a forged lottery tickets case. The Board sat during December 1957 and January 1958 and recorded unsworn statements from a number of witnesses. The findings of the Board were extremely adverse to the
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