4
The Regulation 611 referred to in that letter provides as
follows:
"Suspension from duty without pay
611.
In officer who, in connection with a trade dispute, refuses or omits to perform for any period any or any part of the usual duties of his office, may be suspended from duty by the Secretary for the Civil Service and shall not be eligible to receive salary or any allowances other than those covered by Chapter V of Civil Service Regulations in respect of the period for which he remains suspended. During the period of suspension, the officer will be deemed to be on leave without pay for all purposes other than for allowances covered by Chapter V of Civil Service Regulations."
The suspensions were lifted on the 7th January this year. By these proceedings the plaintiffs now seek various declarations, together with damages for breach of contract or alternatively their pay for the period of suspension... The declarations are in substance that the Secretary for the Civil Service had no right to suspend them without pay.
The Attorney General justifies the suspension by reference to the Letters Patent which relate to this Colony.
rticle XVI says this:
(14)
"Subject to the provisions of irticle XVIA
the Governor may, subject to such instructions as may from time to time be given to him by Us through one of Our Frincipal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable."
Counsel for the plaintiffs answers this in simple fashion (1B).
He says that the undoubted power of the Crown to dismiss at pleasure does not carry with it the right to suspend at pleasure and without pay. He cites the decision of the High Court of Australia in Hunkin v. Siebert (1). He argues that when it comes
(1) (1934] 51 C.L.R. 538
(1A) which relates to the tenure of office of Judges
1B) These Letters Patent were issued in 1917. A power of suspension
alone was expressed in the original Charter granted by
Her Majesty in 1843.