Kanda v Govt of Malaya

Subject Matter

POLICE — Malaya — Police — Constitution — Power of dismissal — Whether in Commissioner of Police or in Police Service Commission — Conflict between Constitution and existing law — Constitution provisions paramount — Dismissal of inspector by Commissioner of Police void — Police Ordinance (Malaya), 1952, ss 9 (1), 45 (1) — Constitution of the Federation of Malaya, August 31, 1957, arts 135 (1) (2), 140 (1), 144 (1), 162 (1) (4) (6)

[1962] UKPC 10; [1962] AC 322; [1962] 2 WLR 1153, PC

NATURAL JUSTICE — Opportunity to meet charge — Dismissal of public servant — Police disciplinary proceedings — Findings of board of inquiry furnished to adjudicating officer but not to accused police officer — Constitution of the Federation of Malaya, art 135 (2)

[1962] UKPC 10; [1962] AC 322; [1962] 2 WLR 1153, PC