413
48
debate on the Budget so that the member of the State Council may be in full possession of all the facts, circumstances and the issues of this controversy. I trust, therefore, . your permission will be conveyed to me by telegram on receipt of this communication.
I have, &c.,
J. L. KOTALAWALA, Minister for Agriculture and Lands.
The Right Honourable
Sir Philip Cunliffe-Lister, P.C., C.B.E.
14286/33 [No. 8].
No. 27.
THE SECRETARY OF STATE to THE OFFICER ADMINISTERING THE GOVERNMENT.
(Sent 4 p.m., 23rd September, 1933.)
TELEGRAM.
[Answered by No. 28.]
You will now have
No. 142. YOUR Confidential despatch of 17th August.* received my despatch No. 414 of the 24th Augustt regarding the general powers of the Governor in connexion with the maintenance of the efficiency of the Public Service. The opinions expressed in that despatch appear to be in accord with views expressed in your despatch of 17th August and subject to any further observations which you may wish to offer, I propose to reply to your, despatch No. 464 of the 2nd August to the effect that the Constitutional position has been explained in my despatch of the 24th August and that I am unable to accept the views expressed by the Acting Minister in his letter of the 10th July.§
14286/33 [No. 9].
No. 28.
THE OFFICER ADMINISTERING THE GOVERNMENT
to
THE SECRETARY OF STATE.
(Received 1.40 p.m., 6th October, 1933.)
TELEGRAM.
[Answered by No. 29.]
6TH OCTOBER. No. 169. Confidential. Your telegram No. 142.|| Limitation of reply on constitutional position to form suggested might leave it open to argument that though responsibility for maintenance of efficiency of the public service is vested in the Governor, Executive Committees are his constitutional advisers on the question of adequacy of staff for essential services and that the Financial Secretary has no right of coniment unless proposals involve excessive cost (see paragraph 14 of Acting Minister's letter to you of 10th July§). This position would produce difficulty elaborated in Governor's Confidential despatch. Earnestly hope you will feel able to add to proposed reply an expression of concurrence in view of duties of Financial Secretary stated in paragraphs 10 and 12 of open despatch. Please correct last two words of last paragraph of my despatch of 17th August, Confidential.* which should have read "first schedule.'
14286/33 [No. 10].
49
No. 29.
THE SECRETARY OF STATE
to
THE OFFICER ADMINISTERING. THE GOVERNMENT.
(Sent 1.30 p.m., 23rd October, 1933.) TELEGRAM.
No. 159. CONFIDENTIAL. Your telegram No. 169.* I propose to add to the reply outlined in my telegram No. 142† a statement that I cannot accept the contention that the Executive Committees are the constitutional advisers of the Governor on such questions as the adequacy of staff for the maintenance of essential public services. The true position appears to be that in the exercise of his powers under Article 86 of the Order in Council the Public Services Commission is established by Article 89 to advise the Governor, but this does not of course preclude him from obtaining separately the views of the Financial Secretary on this or any other question in which financial questions or questions of establishment are involved. Despatch follows.
14286/33 [No. 12].
SIR,
No. 30.
THE SECRETARY OF STATE to THE OFFICER ADMINISTERING THE GOVERNMENT. (No. 571.)
Downing Street, 8th November, 1933. I HAVE the honour to acknowledge the receipt of the late Sir Graeme Thomson's despatch No. 464 of the 2nd August transmitting a letter addressed to me by the Acting Minister of Agriculture and Lands, dealing with the question of the cadre of engineers in the Irrigation Department.
2. Since that despatch was written you will have received my despatch No. 414 of the 24th August, § in which I have dealt with the responsibilities of the Governor in regard to the maintenance of the efficiency of the Public Service. That despatch deals so directly with the questions raised by the Acting Minister that it will be con- venient to repeat here the relevant passage from it.
* Under Article 86 of the Ceylon (State Council) Order in Council, the appoint- ment, promotion, transfer, dismissal and disciplinary control of public officers is vested in the Governor, while under Article 89 there is constituted a Public Services Commission to advise the Governor in the exercise of the powers conferred upon him by Article 86. Further, under Article 87 certain responsibilities for the preservation of the conditions of service of public officers are thrown upon the Governor and the Secretary of State. It follows from these provisions that there is vested in the Governor the duty of ensuring and maintaining the efficiency of the Public Service; and for this purpose the Governor must be the judge on all questions as to the necessary numbers of staff, their emoluments and their condition of service. That is a fundamental duty of the Governor and there can be no derogation from his responsibility. If, therefore, the Governor considers that the staff of any department is insufficient or inadequately qualified for its essential duties, it will be incumbent upon him, in the last resort, to obtain the necessary provision by the use of his powers under Article 22 of the Order in Council.'
3. That despatch disposes from a constitutional point of view of the arguments adduced by the Acting Minister. I cannot accept the contention that the Executive Committee are the constitutional advisers of the Governor on such questions as the adequacy of staff for the maintenance of essential Public Services; nor can I agree that the Governor is precluded from obtaining the views of the Financial Secretary on this or any other matter in which financial questions, or questions of establishment, are involved.
4. On the particular point affecting the staff of the Irrigation Department I am satisfied that Sir Graeme Thomson was correct in assuming that the two Irrigation
* No. 51.
† No. 21.
‡ No. 26.
§ Enclosure in No. 26.
|| No. 27.
* No. 28.
+ No. 27.
‡ No. 26.
No. 21.
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