JUDGMENT OF FRANCOIS J.
I preface this ruling with quotations from opinions of Lord Denning M.R. and Lord Reid which are in point here. The observation of Lord Denning M.R. appears in R. v. Kent Police Authority; Ex parte Godden [1971] 3 W.L.R. 416 at p.421, C.A. There the Master of the Rolls stated that "decisions leading to compulsory retirement are of a judicial character and must conform to the rules of natural justice." Lord [p.301] Reid's opinion appears in Ridge v. Baldwin [1964] A.C. 40 at p. 65, H.L. where he said that "dismissal from an office where there must be something against a man to warrant his dismissal" may only be carried out in accordance with the rules of natural justice.
The applicant, a police officer, had the misfortune to be involved in a brawl when lawfully assisting in the collection of basic rates. He was convicted by the District Magistrate, Ho, on 13 June 1972 for assault contrary to section 84 of the Criminal Code, 1960 (Act 29), and fined ¢40.00. The applicant's misfortunes appear only just to have begun, for before he had had time to reflect on his conviction he was flung out of the police service with ignominy. His dismissal notice was dated 14 June 1972. It shows that the decision to terminate the applicant's association with the police service was not only taken but also communicated to him with alacrity. Such expedition has nothing to commend it.
In invoking the court's supervisory jurisdiction to quash the order of dismissal, a number of legal matters have been raised on behalf of the applicant. They involve a consideration of the Police Service Act, 1970 (Act 350), and its companion legislation, the Police Service (Disciplinary Proceedings) Regulations, 1971 (L.I. 688). Without attempting an exegesis of the sections of the substantive Act I shall summarize portions relevant to this application as follows:
(1) Penalties which are designated major, involve dismissal, removal and reduction in rank. Section 18 (2) of Act 350.
(2) Disciplinary proceedings for misconduct shall be summary or formal. Section 20 (1).
(3) Major penalties shall not be imposed on a pensionable officer in summary proceedings not arising out of a conviction. Section 20(2).
(4) Whether proceedings are summary or formal a written charge is to be preferred. Section 20 (3) (a).
(5) A penalty can be appealed against within six weeks of its imposition and "such penalty shall not take effect until the appeal is determined." Section 20 (3) (
