nothing in Art 1351 which affected his power under section 45 of the Police

Nothing in art 1351 which affected his power under

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nothing in Art. 135(1) which affected his power under section 45 of the Police Ordinance to dismiss such officer in general or Inspector Kanda in particular; (2) in the light of the surrounding circumstances the charges against the respondent did not come to him as a bolt from the blue. To anyone with his knowledge of general police experience, the charges themselves must have conveyed to him the views regarding himself at which the Board of Inquiry had arrived. The only thing he was not aware of was the precise words in which the views were expressed. That being the case and there being no possibility of bias as far as the Board of Inquiry was concerned, the appeal should be allowed. Per Neal J. (dissenting): "In my opinion after a consideration of the Constitution in its entirety, the combined effect of Arts. 140 and 144 is to create a Police Service Commission with jurisdiction over all members of the police
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Page 2 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA service, which Commission shall perform its duties in accordance with the principles of and the procedure created by existing law as at Merdeka Day …" "… If this construction previously given is at fault the Court is under a duty to bring into operation cl. (6) of Art, 162". Decision of Rigby J. reported in [1960] MLJ 115 reversed. Cases referred to North-West Frontier Province v Suraj Narain Anand LR 75 IA 343 Suresh v Himangshu (1951) 55 CWN 605 Smith v London Transport Executive [1951] AC 555 565 [1951] 1 All ER 667 R Venkato Rao v Secretary of State for India in Council [1937] AC 248 The High Commissioner for India & Anor v IM Lall AIR 1948 PC 121 R v Queen's County, JJ [1908] 2 IR 285 294 R v Camborne Justices & Anor, Ex p Pearce [1955] 1 QB 41 ; [1954] 3 WLR 415 ; [1954] 2 All ER 850 R v Duffy Ex parts Nash [1960] 3 WLR 320 Franklin & Ors v Minister of Town and Country Planning [1948] AC 87 103 105 The Colonial Bank of Australasia v Willan (1873–74) LR 5 PC 417 Frome United Breweries Co Ltd v Keepers of the Peace and Justices for County Borough of Bath [1926] AC 586 590 591 In re Bidie [1949] 1 Ch 121 129 D'Emden v Pedder (1904) 1 CLR 91 R v Electricity Commissioners [1924] 1 KB 171 Benge & Pratt v Guardian Assurance Co (1915) 34 NZLR 81 86 R v Churchwardens of St James, Westminster 111 ER 1213 1217 Akistan Apena of Iporo v Akinwande Thomas [1950] AC 227 234 Dunkley v Sullivan [1930] 1 Ch 84 87 [1929] All ER Rep 564 COURT OF APPEAL CM Sheridan (Attorney-General) and I Talog Davies (Senior Federal Counsel) for the appellant. Jag-Jit Singh for the respondent. THOMSON CJ
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Page 3 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA This appeal from a decision of Rigby J. raises a question of some importance as to the interpretation of certain provisions of the Constitution. The respondent was at all material times, and indeed claims still to be, an Inspector in what is now the Royal Federation of Malaya Police. He was first appointed on probation in 1951 and permanently appointed to the rank of Inspector on 1st June, 1953. On 7th July, 1958, he was dismissed from the Force by the Commissioner of Police and it is from that dismissal that the present proceedings arise.
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