Campbell v Holmes - [1949] NZLR 949

Public Service — Probationer — Commission's Power to dismiss Probationer at Will — Distinction between "Officer" and "Probationer" — Power of Dismissal exercisable only in Accordance with Statutory Provisions — Action of Commission in annulling Appointment of Public Servant — Inference from Facts that he was an "officer" and not a Probationer — Injunction restraining Commission from continuing Such Annulment — Powers of Commission to deal with Officer left unaffected — "Officer" — Public Service Act, 1912, ss 3, 39 — Public Service Amendment Act, 1927, s 11.

Practice — Certiorari — Annulment of Appointment of Probationer in Public Service — Administrative Action with no Judicial or Quasi-judicial Element — Public Service Commission's Action not subject to Certiorari — Code of Civil Procedure, R 465.