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VALLIPURAM v. POSTMASTER GENERAL
NLR50V214
1948 Present: Gratiaen J.
VALLIPURAM,
Petitioner, and POSTMASTER-GENERAL,
Respondent.
S. C, 502-In the matter of an Application for a Writ of Mandamus
on
the Postmaster-General
Writ
of Mandamus-Dismissal of public officer-Pleasure
of Crown-Inquiry into charges-Irregularity-Ceylon (State Council) Order in
Council 1931-Section 86 (1)-Royal instructions.
The effect of Article 86 of the Ceylon (State Council) Order in
Council, 1931, is that all public servants in Ceylon hold office during the
pleasure of the Crown subject to any specific law to the contrary.
The Royal instructions regulating the procedure for dismissal are
issued merely for the direction of the Governor and do not constitute a
contract between the Crown and its servants.
APPLICATION for a writ of mandamus on the
Postmaster-General.
E. B. Wikramanayake, K. C., with A.
Sivagurunathan, for the petitioner.
Cur. adv. vult.
December 1, 1948. GRATIAEN J.-
The petitioner was a Postmaster employed as an officer
of the Ceylon Post and Telegraph Department. On June 21, 1945, by an order of
the Governor, he was dismissed from the Public Service. Thereafter he
unsuccessfully sought through various channels to obtain redress and on October
29 of this year (40 months after the event) he applies to this Court for
relief. It is not pretended that he has any other object in view than to
challenge the legality of his dismissal and thereby to secure his reinstatement
as a public servant. He complains that he was not given the fullest opportunity
of exculpating himself in respect of the charges framed against him, and that
in particular he was not permitted to cross-examine witnesses or to have access
to documents used against him. In these alleged circumstances he asks this
Court for a writ of mandamus " ordering the Postmaster-General of
Ceylon to hold an inquiry into the charges framed against him ".
On the date of the petitioner's dismissal
Ceylon was a Crown Colony and in terms of Article 86 (1) of the Ceylon (State
Council) Order in Council, 1931, the appointment, promotion, transfer,
dismissal and disciplinary control of public officers in the Colony vested in
the Governor subject (as far as is relevant to this present application) to any
instructions given under the Royal Sign Manual and Signet. Article 86 (2)
conferred in the Governor a limited right to delegate his powers in this
connection. It is expressly laid down in the Royal Instructions to the Governor
dated December 6, 1941, that, inter alia, " all commissions granted
by the Governor or by any public officer acting under his authority shall,
unless otherwise provided by law, be granted during Our pleasure only ". The
Royal Instructions also lay down the procedure to be followed before the
Governor proceeds to dismiss different grades of public officer. In the case of
any officer in the grade to which the petitioner belongs, " the grounds of
intended dismissal shall be definitely stated in writing and communicated to
him in order that he may have full opportunity of exculpating himself, and the
Governor shall investigate the case wit
