JUDGMENTBY: LORD DENNING

The appellant B. Surinder Singh Kanda was an Inspector of Police in the Royal Federation of Malaya Police. On 7th July, 1958, he was dismissed by the Commissioner of Police on the ground that he had been guilty of an offence against discipline. Inspector Kanda brought an action in the High Court challenging this dismissal. On 24th March, 1960, Rigby J. declared that his dismissal was void and of no effect. The Government appealed. On 14th November, 1960, the Court of Appeal by a majority (Thomson C.J. and Hill J.A., with Neal J. dissenting) allowed the appeal and held that Inspector Kanda was validly dismissed. He now appeals to their Lordships Board.

The appeal raises two questions: (1) The first question is whether the Commissioner of Police had any power to dismiss him. Inspector Kanda says that under the Constitution the power rested only with the Police Service Commission; (2) the second question is whether the proceedings which resulted in his dismissal were conducted in accordance with natural justice. Inspector Kanda says they were not.

The Federation of Malaya came into being on Merdeka Day, that is, 31st August, 1957. Thence forward the Constitution was the supreme law of the Federation (Article 4). The Supreme Head of the Federation was the Yang di-Pertuan Agong (Article 32). Great changes were made in the structure of government. In particular the public services were placed under commissions. Thus a Police Service Commission was set up with jurisdiction over all members of the police service (Article 140). But the persons serving in the Police Force continued in general to have the same powers and functions as before (Article 176). And for the most part the existing laws were continued unchanged (Article 162).

In September, 1957, after Merdeka Day, two men were charged in the Supreme Court at Penang with uttering forged lottery tickets. The prosecution failed. The reason was because the prosecution called a number of witnesses, including police officers, whose evidence was palpably false. The two accused men were acquitted. The Commissioner of Police ordered an inquiry to be held. The Board of Inquiry was presided over by Mr. D. W. Yates a very senior police officer. It reported that false evidence had been fabricated for use at the trial.

After considering the report the Commissioner of Police decided that proceedings should be taken against Inspector Kanda. Not criminal proceedings before the courts of law. But disciplinary proceedings under what the Police Regulations call "Orderly Room Procedure". The Commissioner appointed Mr. Strathairn to be the adjudicating officer to enquire into the charges. Mr. Strathairn was junior to Mr. Yates who had conducted the inquiry. Mr. Yates drafted a specimen charge. But Mr. Strathairn preferred his own. He drafted another. The charge, as eventually laid against Inspector Kanda, was that he had failed to disclose evidence which to his knowledge could be given for the two accused men: or alternatively that he had been guilty of conduct to the prejudice of good order and discipline in that he had submitted investigation papers to his superior officer knowing the same to be false. Another charge was afterwards added that he wilfully disobeyed a lawful command to subpoena a witness.

In April and May, 1958, the charges were heard by Mr. Strathairn the adjudicating officer. He found Inspector Kanda guilty on the original charge of failing to disclose evidence and recommended that he be dismissed from the Force. He also found him guilty on the added charge of disobeying a lawful command and recommended an award of a severe reprimand. The Commissioner of Police approved the recommendations: and on his direction, on 7th July, 1958, Inspector Kanda was formally notified that he was dismissed from the Force. On 14th July, 1958, Inspector Kanda appealed to the Ministry of Defence and also to the Police Service Commission. (He did this because he was not sure

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