13
commits any breach of Government Regulations
...
is liable to dismissal
or lesser punishments." A fairly detailed catalogue of disciplinary offences then follows. The Civil Service (Disciplinary) Regulations, made by the Governor "in exercise of the powers conferred by Colonial Regulations and otherwise" provide that in the case of "non-pensionable" officers, with regard to disciplinary proceedings they shall be dealt with in terms of any contract between the officer and the Government, and insofar as such contract does not provide, in accordance with Colonial Regulations 54-66. Typically, contracts do not provide for disciplinary procedure so in fact all Government officers should be dealt with according to the same procedure. In effect, all officers are subject both to Government Regulations and Colonial Regulations, and, obviously,
there is considerable overlap.
The question remains by precisely what right may the Governor discipline civil servants by application of Colonial Regulations, Government Regulations, and any residual powers under the Letters Patent or his Commission in ways not permissable at common law and not necessarily agreed to as part of the contract of employment? In my submission, all civil servants on assuming public office, however humble, and notwithstanding their contracts of employment, submit themselves to the prerogative power of the Sovereign. The exact nature of the Royal prerogative I have attempted to explain elsewhere. As Wade quaintly but accurately says as far as the common law is concerned "the civil service might still consist of a handful of secretaries working behind the scenes in the
Royal palace".
8
Conclusion
I believe the present basis on which the Government service operates and is disciplined is far from satisfactory. I have been at pains to show the controversy, both academic and judicial, which has surrounded and still surrounds the exact legal status of civil servants.
7.
See my Advice of 6.12.79
8.
Administrative Law (2nd Ed.) 275 (1967)
Page 330Page 331