Beirne v Commissioner of an Garda Síochána
Jurisdiction | Ireland |
Judgment Date | 01 January 1992 |
Date | 01 January 1992 |
Court | High Court |
- Trainee garda -Assignment terminated - Commissioner of opinion that applicant unsuitable for continued employment by reason of misconduct - Whether decision capable of being subject to judicial review - Whether breach of fair procedures -Garda Síochána (Admissions and Appointments) Regulations, 1988 (S.I. No. 164), regs. 7, 8.
The applicant, a trainee garda, had successfully applied to the High Court for an order of certiorari in respect of a decision of the Commissioner of An Garda Síochána of 12 August, 1991, terminating his assignment as a trainee within the meaning of the Garda Síochána (Admissions and Appointments) Regulations, 1988 with effect from 21 August, 1991 (see [1992] ILRM 699) The appellant argued first, that the learned trial judge (Flood J.) erred in law in holding that his decision was capable of being a proper subject matter of an application for judicial review and, secondly, that there was no breach of fair procedures Held by the Supreme Court (Finlay C.J. and Egan J.; O'Flaherty J. dissenting) in dismissing the appeal, 1, the decision of the Commissioner of An Garda Síochána to terminate the training assignment of a trainee garda was within the ambit of those decisions which are subject...
To continue reading
Request your trial-
Treasury Holdings and Others v National Asset Management Agency and Others
...... 1 NATIONAL ASSET MANAGEMENT AGENCY ACT 2009 S149 BEIRNE v CMSR AN GARDA SIOCHANA 1993 ILRM 1 O'DONNELL v TIPPERARY (SOUTH ...Commissioner of An Garda Síochána [1993] ILRM 1 , and in particular, the judgment of ......
-
Becker v Duggan
...... to give reasons -Whether injury to reputation of applicant -Beirne v Commissioner of An Garda Síochána [1993] ILRM 1 ; Murphy v Turf Club ......
-
O'Donnell v Tipperary (South Riding) County Council
...... - Geoghegan v Institute of Chartered Accountants [1995] 3 IR86 ; Beirne v Commissioner of An Garda Síochána [1993] ILRM 1 ; McGoldrick v An ......
-
McKenna v O Ciarain
...... HEALY V FINGAL CO COUNCIL UNREP BARR 17.1.1997 1997/4/1170 BEIRNE V COMMR GARDA SIOCHANA 1993 ILRM 1 SMULLEN, STATE V DUFFY 1980 ...in the case of Beirne -v- Commissioner of An Garda Síochána [1993] ILRM 1 . In this latter case Finlay C.J. ......