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exercise of such a power the Crown is bound to abide by the rules of natural justice, including the audi alteram parten rule. I do not wish to say much on this point for it was only mentioned rather than argued before me. I shall just say this. As I understand the law natural justice requires in circumstances of this nature that the Crown must act fairly, and that as I am at present advised by the affidavits filed in these proceedings, the Crown has acted fairly. The Association's case had been clearly and fully presented in its correspondence with the Secretary for the Civil Service. Ample warning had been given to each individual plaintiff of what might happen if he or she took the action contemplated. There has been no suggestion of what more the Crown might have done.
V. Thomas
The second point is this. In his letter of suspension the Secretary for the Civil Service purported to rely upon Regulation 611. That was an error since his authority is derived from the Letters Fatent. The Attorney submits that the error is not material. He relies upon the case of Rodwell
(15)
where a civil servant was dismissed after disciplinary proceedings of a kind which he claimed were improper to the particular charge brought against him. That defect in procedure if indeed it was a defect was held to be immaterial, for in any event the Crown had its right to dismiss at pleasure. The Attorney could perhaps also have drawn an analogy with the common law rule that a master who summarily dismisses his servant for one reason may later justify that dismissal for some other quite different reason,
even
though that other were not known to him in the first instance (16).
No suggestion has been made that the reference to the regulation nisled the plaintiffs into the action they took or that they were prejudiced thereby. I am satisfied that it has no material effect.
In coming to my conclusions in this matter I have not taken into consideration in any way the merits of the action taken either by the plaintiffs or by the Secretary for the
(15) [1944] 1 K.B. 596
(16) see Batt, Haster & Servant, 5th edition 100