Garvey v Ireland
| Jurisdiction | Ireland |
| Judgment Date | 09 March 1979 |
| Date | 09 March 1979 |
| Docket Number | [1978 No. 981P] |
| Court | Supreme Court |
Office holder -Removal from office - Natural justice - Fair procedures - Removal by Government authorised by pre-Constitution statute - Arbitrary removal not prohibited in terms - Whether such removal prohibited otherwise - Police Forces Amalgamation Act, 1925 (No. 7), s. 6, sub-s. 2 - Constitution of Ireland, 1937, Articles 40, 50.
Section 6, sub-s. 2, of the Act of 1925 (as adapted) provides that the Commissioner of the Garda SÃochána shall be appointed by the Government and that, while holding that office, the Commissioner "may at any time be removed"by the Government. The plaintiff was duly appointed to the office of Commissioner on the 2nd September, 1975. On the 15th December, 1977, the Minister for Justice informed the plaintiff of certain complaints that had been made against him; the plaintiff replied to the Minister in writing...
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