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Dáil Éireann debate -
Wednesday, 12 Dec 1951

Vol. 128 No. 6

Ceisteanna—Questions. Oral Answers. - Suspension of Post Office Officials.

asked the Minister for Posts and Telegraphs if he will state the precise statutory or other authority which permits of the suspension from duty of Post Office officials; and, if any such authority exists, by whom such a suspension can be imposed.

The right to suspend a Post Office official from duty derives from the general principles of law governing the relationship of master and servant. The manner in which suspension is to be effected in the Department of Posts and Telegraphs is embodied in departmental rules and action may be taken in accordance with these rules by any responsible official of appropriate grade. In practice local officials do not take this action without reference to headquarters except in urgent cases.

Can the Minister say whether the answer he has now furnished is an administrative answer or whether it is fortified by any legal view from the Attorney-General?

The answer is given by the Minister on his own responsibility.

And so far the Minister is not fortified by any authority from the Attorney-General, the highest legal officer in the service of the Government?

The Deputy is making an assumption that may not be well founded. I say I have taken responsibility for this answer as Minister.

The Minister will not say that he has got authority from the Attorney-General for the view expressed.

The Minister has naturally consulted all the authorities he thought fit to consult, including the legal authority.

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