JUDGMENT

Lord Denning:

The appellant B Surinder Singh Kanda was an Inspector of Police in the Royal Federation of Malaya Police. On 7 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 24 March 1960, Rigby J declared that his dismissal was void and of no effect. The Government appealed. On 14 November 1960, the Court of Appeal by a majority (Thomson CJ and Hill JA, 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, 31 August 1957. Thence forward the Constitution was the supreme