CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 614

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Memorandum,

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Yonelleard al

̧.Ð.M.D.X,bragul Holzober¶ 712 ⚫gnognok to zonovod

The relations in which civil servants stand to the Government

which they serve, do not give the Government the right to dis-

-pose of their property or in any way to injure their rights as

individuals. If these rights are so interfered with a civil

servant has the same redress before the Courts by way of

petition of right, as any other individual, and the final

settlement of the question does not rest with the Government

or the Secretary of State. Where therefore a question of this

nature arises between a civil servant and the Government the

Regulations with regard to addressing Memorials to the Secretary

of State do not apply, (see His Excellency's letter 28th. March)

for that would be to assume the final determination of such a

question to rest with the Secretary of State.

This being the constitutional law on the subject, the question

arises what is a civil servant's position when there is a dis-

-pute between himself and the Government in connexion with the

Government's action which has caused him injury. That he has a

right of action on which a petition of right could not be re-

-fused is clear. He would not, if no adjustment of the difficulty

could be arrived at, shrink from action before the Courts from

any fear that it should prejudice him in the eyes of the Govern-

ment; such a thing could not be presumed, or even thought of,

unless of course the claim put forward were devoid of all

reasons; for the endorsement on the petition in the name of the

King is, "Let right be done". He has indeed a remedy by which

he need appear as party to the suit; he can transfer his cause

of action for good consideration to a third party, who would

then apply for a petition of right in his own name. But although these rights are clear, the duty of a civil

servant to the Government in such circumstances seems to me to

be equally clear. Having first obtained the best advice which is available to him, he would be bound to do everything in his power by way of representation, suggestion for arrangement, arbitration, compromise, to avoid an appeal to the Courts. He

has