ACTION AGAINST THE GOVERNMENT.

Otago Daily Times, Issue 16543, 17 November 1915, Page 4

ACTION AGAINST THE GOVERNMENT.

ALLEGED WRONGFUL DISMISSAL. JUDGMENT RESERVED. (Pes United Pbbss Association.) WELLINGTON, November 16. The Chief Justice to-day heard a case in which Mr Walter Dinnie, ex-Commis-sioner of Police in New Zealand, sued the Crown for £501 damages for wrongful dismissal.' Mr E. G. Jellicoe appeared for the plaintiff und the Solicitor-general (Mr J. VV. Salmond) for tho Crown. . . Plaintiff's case wcs that on March 11, 1903, when he was employed as chief inspector of tho Criminal Investigation 'Department in England, ho entered the service of the New Zealand Government aa Commissioner of Police. In' December, 19-09, when he was a. member contributing to the Public Service Superannuation Fund, the Government decided to mkko certain changes in tho Police Force, which involved hie retirement, and he was offered tho position of Inspector of Prisons by way of promotion. While that offer was under consideration the Attorney-general (in consequence of the inspectorship having been already promised by. the Prime Minister) withdrew the offer, and the plaintiff was granted six\ months' leave of absence on full pay, and relinquished the office of commissioner. In 1910, on the representations of the secretary of the Publio Service Superannuation Board, plaintiff applied for, and obtained, the payment of £93 18s 6d,, amount he had contributed to the supetai* nuation fund. He contended that the refund was applied for and made aioKV- u> mistake. Subsequently it was arranged betwecn\ the. plaintiff and the Native Department that the iimount should bo refunded, but in Juno, 1914, the Government refused to permit that arrangement to be carried into effect. On Juno _30, 1910, the Native Minister transferred him from the Justice Depiartment to the Native Department, and appointed him president of the Tokerau District Maori Land Board. On March 3Q, 1914, the Government notified him that, in consequence of reoent legislation,\ another person had been appointed to the position of president of tho TokeTau Maori Land Board, and on Anril 24, 1914, ho was informed by the Government that he had been retired. He contended that he I had been retired without due' notice, and for no reasonable or probable cause whatever, and that he had thercbv been deprived of vhia rights undtr the Simerannuation Act. In tho course of. his ' opening remarks, Mr Jcllieoo said that but for the conduct of the Crown Mr Dinnie would, unless hie appointment was regularly determined, have remained in tho public service until he was 65 voars of ago. The case raised Questions of Teat importance to the public service. Mr Dinnie gave evidence in support of his application, and Mr Salrnond then raised tho legal point that there waa a break in the superannuation son-ice between the time ho resigned the commisskmership and the timo ho joined the Native Department. The latter appointment did not constitute a transfer. The court reserved, judgment.