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Judges
THE PUBLIC SERVICE
By Regulation 55, Regulations 56, 57 and 60 to 68 are applied to Judges of a Supreme Court or High Court subject to important modifications: the inquiry into charges is held by a Judicial Commission; no penalty may be inflicted by the Secretary of State: and any question of dismissal or other penalty or of compulsory retirement under Regulation 68 will be referred to the Judicial Committee of the Privy Council unless the Judge requests that it should not be so referred.78
Leave
Section G of Colonial Regulations, consisting of Regulations 74 to 79, deals, in the main, with matters of little or no consequence from the legal standpoint-e.g., reporting to the Secretary of State, extension of leave by him and the discharge of duties whilst on leave. Regulation 74, however, is of some legal importance, having regard to the Colonial Officers (Leave of Absence) Act, 1894," which provides that a person employed in the public service of any Colony (other than the self-governing Colonies specified in or added to the Schedule to the Act) “shall not be entitled to be absent from the Colony except in accordance with rules relating to leave of absence framed by a Secretary of State." Have any such rules been framed by the Secretary of State? Regulation 74 reads: The leave of absence of officers shall be governed by rules of local application as directed by the Secretary of State." That clearly is not sufficient, of itself, to satisfy the terms of the Act. In practice, each Colony has its own leave rules "of local application." Assuming that they are "directed" by the Secretary of State, whether his direction would warrant an assertion that they have been 'framed by him is a question of fact depending on the wording of the direction given.
46
But suppose it would not: does that matter? If a person in the public service of a Colony absents himself otherwise than in accordance with rules framed by the Secretary of State, this strange piece of legislation tells us no more than that he is not entitled to do so. The consequences are left to the imagination. Under Colonial Regulation 43 an officer who is absent without permission shall be liable to summary dismissal, but if he is absent on leave, granted by proper authority, that Regulation could have no application (except on the highly artificial basis that permission means lawful permission); and in any case, no sane person would dream of taking disciplinary action against him because it was discovered that there was a technical legal flaw in his absence.
78 Removal of such Judges from office is fully discussed in Chap. 9, pp. 491–500. 79 57 & 58 V. c. 17.
PUBLIC
The purpose which the Gover report to the Se of leave to a pe was not forthcom to the Colony; if his office; and if t to a penalty not unsuitable and repealed instead with no sanction
LOCAL LAWS, E
There are al the public servi supersede Colon (doubtless for th them, with the s to the particula light of local or
Needless to latter prevails.8 of certain categ police force or by the local leg
Pensions: publi Perhaps the direction and g territories is t (revised) mode
1940.81 Certai maximum pen granted or ter puting pensio Ordinance, the in Council.
80 H.C. Deb., 4th c. 61) was mis
81 See pp. 239-24 82 Reg. 1, footno 88 Specifically ach 84 Colonial Offic
has necessitato