ANXIOUS TO SERVE

Otago Daily Times, Issue 24715, 18 September 1941, Page 11

ANXIOUS TO SERVE

A CONSTABLE'S RESIGNATION ACTION BY DEPARTMENT PROHIBITED (PA.) AUCKLAND, Sept. 17. Judgment was given to-day by Mr Justice Fair in the Supreme Court on the writ of prohibition applied for by Douglas Kilgour to restrain the superintendent and inspector of the Auckland Police District from dealing with him under the Police Force Act Regulations in respect to his having resigned from the police force without the permission of the Commissioner of Police His Honor granted the application and made an order restraining the defendants from further proceeding or exercising any iurisdiction on the charge under the. Police Force Act Regulations.

On August 13 last Kilgour was convicted in the Magistrate's Court on a charge laid under the Police Force Emergency Regulations. 1941—" That he did resign his the police force, not being expressly authorised in writing so to do by the Minister in Charge of the Police Force." He was convicted and ordered to come up for sentence if called upon. The following day the applicant was served with a summons by the inspector of police in Auckland to apnear on August 21 at the office of the superintendent of police to answer a charfe that he had been convicted in the Magistrate's Court of an offence namely, resigning without permission Kilgour then applied for a writ of prohibition against the superintendent and inspector to restrain them from dealing with him.