Beirne v Commissioner of an Garda Síochána

JurisdictionIreland
Judgment Date01 January 1992
Date01 January 1992
CourtHigh Court
(S.C.)
(H.C.)
Beirne
and
Commissioner of An Garda Síochána

- 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...

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21 cases
  • Becker v Duggan
    • Ireland
    • High Court
    • 1 November 2005
    ... ... to give reasons -Whether injury to reputation of applicant -Beirne v Commissioner of An Garda Síochána [1993] ILRM 1 ; Murphy v Turf Club ... ...
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    ... ... 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 ... ...
  • O'Donnell v Tipperary (South Riding) County Council
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    ... ... - Geoghegan v Institute of Chartered Accountants [1995] 3 IR86 ; Beirne v Commissioner of An Garda Síochána [1993] ILRM 1 ; McGoldrick v An ... ...
  • Duffy v Commissioner of an Garda Síochána
    • Ireland
    • High Court
    • 1 January 1999
    ... ... & O 173/1945 REG 9 DALY, STATE V MIN FOR AGRICULTURE 1987 IR 165 CIVIL SERVICE REGULATION ACT 1956 S7 HYNES V GARVEY 1978 IR 174 MCGARRITY, STATE V DEPUTY COMMISSIONER OF AN GARDA SIOCHANA 1977 112 ILTR 25 BURKE, STATE V GARVEY 1979 ILRM 232 BEIRNE V COMMISSIONER OF AN GARDA SIOCHANA 1993 ILRM 1 ... 1 JUDGMENT of Mrs. Justice McGuinness delivered on the 10th day of July 1998 ... 2 In these Judicial Review proceedings the Applicant seeks an Order of Certiorari quashing the decision of the ... ...
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