Kulatunge V. The Board Of Directors Of The Co Operative Wholesale Establishment

1963       Present: Sansoni, J., and H. N. G. Fernando, J.

L. KULATUNGE, Petitioner, and THE BOARD OF DIRECTORS
OF THE CO-OPERATIVE WHOLESALE ESTABLISHMENT
and another, Respondents

S. C. 326/63-Application for a Mandate in the nature of a Writ of
Certiorari under Section 42 of the Courts Ordinance

Certiorari-Employer and employee-Appointments and dismissals-Dismissal of persons holding office at pleasure-Employee of a statutory body-Right of employer to terminate an employee's service without holding an inquiry- Natural justice-Principle of audi alteram partem-Co-operative Wholesale Establishment Act (Cap. 126), s. 11-Interpretation Ordinance, s. 14 (1).

     Where a statutory body is merely given a power to dismiss a member of its staff, without any specification of the grounds of dismissal and/or of the procedure to be followed prior to dismissal, that body is not bound to act judicially in reaching its decision. In such a case, therefore, the dismissed employee is debarred from obtaining a writ of Certiorari.

      " The principle audi alteram partem must be observed in cases

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