3
on, his part to appreciate or accept the higher responsibilities of
his new rank. It indicated that unless there were a marked and
sustained improvement in both aspects consideration would be given
to reverting him to his original rank.
There was improvement.
reported a marked improvement in
A few weeks later ir. Tidey
general attitude
and behaviour although he was still having difficulty on the
academic side, possibly due to concern over his precarious position (Exhibit 9). The report at the conclusion of the next stage was
in similar terms, but it again stressed Ir. Tidey's doubts that
possessed those qualities which distinguish an
officer from the rank and file (Exhibit 10).
At the end of the third stage Ir. Morrin recommended to
should not be allowed
the Commissioner of Police that
to pass out from the course. This was not because he had failed
to obtain pass marks in any of the later tests. He had done so. Indeed in the final fortnightly test he achieved exceptionally
good marks and came top of the class. There is a suggestion that
this result was not obtained by proper means and a report thereon
was made to the local station and to the Commissioner of Police
(Exhibit 12). It is not possible to say if this in itself had
any effect upon Mr. Morrin's judgment. It was mentioned in his
report to the Commissioner of Police (Exhibit 2), but basically his advice was that quite apart from the examination results
Sergeant Khan had not overcome these deficiencies of character
or temperament which made him unsuitable to hold the rank of an
officer. Mr. Morrin's opinion was apparently shared by the
remainder of the School staff. The report was sent to the
Commissioner on the 20th November. The following day r. Rolph, the Deputy Commissioner, issued an order reverting Sergeant Khan to his substantive rank. Mr. Rolph gave no reason for the reversion, nor did he give
an opportunity to be heard as to why
the order' should not be rade. It is said that these omissions amounted to a denial of natural justice and Sergeant Khan seeks a declaration that the reversion is unlawful and of no effect and
other declarations consequent thereon.
. It is not possible to list categorically all those circumstances in which the Court will insist that the principles
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