Walsh -v- Revington & Ors (No. 2) [2013] IEHC 485 (07 November 2013)

Walsh -v- Revington & Ors (No. 2) [2013] IEHC 485 (07 November 2013)

The Appeals Board acted ultra vires by partially affirming and partially quashing the Board of Inquiry's determination and recommending dismissal only in respect of one charge; remittal to the Appeals Board is necessary to regularise the legal position, but only the single charge of discreditable conduct may proceed.

Source-derived case information.

Citation
[2013] IEHC 485
Parties
Applicant: Patrick Walsh; Respondent: Joseph Revington; Respondent: Anthony Nolan; Respondent: Garda Patrick O’Sullivan; Respondent: The Garda Commissioner (No.2)
Jurisdiction
Ireland
Judgment Date
07 November 2013
Procedural Posture
Judicial Review / Post Certiorari, Application to Remit
Outcome
Matter remitted to Appeals Board; applicant restrained from facing further disciplinary charges except for discreditable conduct.
Legal Topics
Ultra Vires, Remittal, Disciplinary Process, Natural Justice
Administrative Law Employment Law Disciplinary Proceedings Ultra Vires Remittal Disciplinary Process Natural Justice

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Parties

Patrick Walsh

Applicant

Joseph Revington

Respondent

Anthony Nolan

Respondent

Garda Patrick O’Sullivan

Respondent

The Garda Commissioner (No.2)

Respondent

Procedural Posture

Judicial Review / Post Certiorari, Application to Remit

Legal Issues

  1. 1 Whether the Appeals Board acted ultra vires in partially affirming and partially quashing the Board of Inquiry's determination.
  2. 2 Whether the matter should be remitted for reconsideration under O. 84, r. 27(4) RSC.
  3. 3 Whether remittal would be unfair to the applicant given prior proceedings.

Ratio Decidendi

The Appeals Board acted ultra vires by partially affirming and partially quashing the Board of Inquiry's determination and recommending dismissal only in respect of one charge; remittal to the Appeals Board is necessary to regularise the legal position, but only the single charge of discreditable conduct may proceed.

Court Disposition

Matter remitted to Appeals Board; applicant restrained from facing further disciplinary charges except for discreditable conduct.

Orders

  • Remit the matter to the Appeals Board pursuant to O. 84, r. 27(4) RSC.
  • Order restraining further hearing of any disciplinary charges save for the single charge of discreditable conduct.