The State (McGarrity) v Fitzpatrick
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1978 |
| Date | 01 January 1978 |
| Court | High Court |
Probationary period - Statutory grounds for termination of appointment - Delegation of authority to Deputy Commissioner - Whether termination valid -Garda SÃochána (Appointments) Regulations,1945 (S.R. O. No. 173), arts. 8, 9 - Police Forces Amalgamation Act, 1925 (No. 7), s. 8.
Section 8, sub-s. 2, of the Act of 1925 states that "if and when" the Commissioner is temporarily absent or is incapacitated the Minister for Justice may authorise a deputy commissioner to exercise or perform the powers of the commissioner during his absence or incapacity. Article 9 of the Regulations of 1945 provides that the commissioner may dispense with the services of a probationer guard if the commissioner considers that the probationer is not fitted to perform his duties or is not likely to become an efficient and well-conducted guard. On the 14th August, 1974, the prosecutor was appointed to be a recruit guard on probation for a period of two years. He was accused of having committed three acts of indiscipline on the 17th July, 1975. On the 11th May, 1976, the accusations, which the prosecutor denied, were investigated by a court of inquiry who found that he had been disobedient and had neglected his duty as alleged. Certain fines were imposed on the prosecutor. On the 1st August the prosecutor went on leave and on the 5th August the respondent deputy commissioner made an order dispensing with the services...
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