Concerned question of whether decision without hearing
is allowed.
is allowed.
Chief Constable heard inaccurate rumours regarding
private life of probationary constable Evans.
private life of probationary constable Evans.
Briefly interviewed Evans and told him to either
resign or be discharged.
resign or be discharged.
Evans resigned and sought JR of CC’s actions.
House of Lords declared CC had acted unlawfully but
did not order Evans’ reinstatement –
did not order Evans’ reinstatement –
To do so would have usurped powers of CC.
Referring to Ridge
v Baldwin, Lord Brightman stated that duty of CC was to deal fairly with
respondent.
v Baldwin, Lord Brightman stated that duty of CC was to deal fairly with
respondent.
CC failed in performance of this duty because
allegations were never put to Evans and he was given no opportunity to offer
explanation.
allegations were never put to Evans and he was given no opportunity to offer
explanation.
Decision-making process therefore defective.
