The Postmaster-General has forwarded me the following memorandum for advice:

On two or three occasions where officers have been dismissed from this Department, by Order in Council on a recommendation (after investigation as provided for in section 46 of the P.S. Act) from a Chief Officer and the Public Service Commissioner, application has been made to me to reopen the case, and quash the finding and recommendation or order another inquiry. Have I any power or authority to do so, or is there any way in which such a dismissal can be cancelled and the case reheard?

In the cases above referred, the matter has been carried to finality to the extent of dismissal, and it is assumed that procedure laid down by section 46 has been strictly observed.

In such circumstances, there appears to be no power in the Minister to direct a rehearing or to quash the finding of the Board of Inquiry or the recommendation thereon.

As to the question whether a dismissal can be cancelled and a case reheard it appears that, while it is possible that the Governor-General could cancel a dismissal, he has no power to direct a rehearing of the case and it is extremely doubtful if any other punishment could be inflicted on the officer.

It is difficult to advise with certainty on a general question of this nature, and I should prefer that the question were raised in a concrete case in which all the facts could be considered.

[Vol. 18, p. 97]