C
PAS (CS) Dev (Mr Waters)
It
appears
;
that
M 9
Mr Broadley is no longer denying of the Crown to determine his service at will, but is now questioning whether the power has been properly exercised.
the power
2.
A the Crown Regulations,
longer hold
office at the pleasure of
the 55 of
holds civil servant
Colonial under regulation and the pleasure of the Crown that he should no office may be signified through the Secretary of State. Article XIV of the Letters Patent makes similar provision but does not specify in what manner Her Majesty's
article While
XVI does shall be pleasure
signified. provide for the Governor to dismiss or suspend any person that that office, the context suggests holding public refers to dismissal for disciplinary reasons only.
3.
It is clear from the delegation of authority made
November
that it has been 23
1987, by the
on Governor thought that the authority to require an officer to retire in the interest of localisation derives from paragraph 2 of the Scheme.
While I have little doubt that the Secretary of State may dismiss a civil servant at will, the power of do So except on Governor (or
delegatee) to his
The Scheme far more doubtful.
the
disciplinary grounds
legislation
seems
has been tacitly approved by the FCO but in the absence of of State or the Secretary from delegation a specific
it seems to me enabling the Governor to do so, cannot safely rely upon the power in the Scheme. On the face of it CR 59 permits the Governor to require an officer to retire in the public interest but the view has been taken in the past that that regulation only applies where misconduct is alleged.
that
4.
we
it Although
to
can
a
be inferred from the exchange of telegrams in 1986 that the Secretary of State approved the Limited
Scheme and delegated his power under Compensation
officer's service when his CR 55
determine
public retirement is required in the interest of localisation, it to put the matter beyond doubt by would be desirable obtaining confirmation of the Secretary of State's approval and delegation. If there is any doubt in that respect, it would be prudent to obtain the Secretary of State's formal delegation.
5. BRO/0/1 II.
I
return
herewith your
secret
file
L/M
to
Your Ref : L/M to BRO/0/1 II · Our Ref : AGC ADV 589/00s SF(A)
G.F. 82
(I Wingfield) Crown Solicitor
3.4.92
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