§ 19. Mr. THOMAS GRIFFITHSasked the Secretary of State for India whether he is aware that Dr. A. D. Denning, of Stafford, entered into a contract with the Indian Government for five years' service in India; that at the end of three years the contract was terminated on medical grounds which were afterwards found to be erroneous; that subsequently it was claimed and upheld that, despite any contract, the services of a servant could be terminated at the will and pleasure of the Crown; that the India Office has since granted Dr. Denning £500, which is not sufficient to cover his costs in the legal action; and that consequently Dr. Denning is without compensation for the loss of his appointment; whether this case will have further consideration; and whether, in order that men of ability may be encouraged to enter into these contracts, he will consider the advisability of abandoning the claim that service can be terminated at the will and pleasure of the Crown?
§ Mr. MONTAGUThe facts referred to in the first two parts of the question are generally as stated except that the medical grounds on which Dr. Denning's contract was terminated were not found to be erroneous. As regards the third part of the question, Dr. Denning subsequently brought an action for breach of contract or, in the alternative, for wrongful dismissal; the Secretary of State for 1777 India in Council contended that Dr. Denning's service was terminated in accordance with his agreement by which he undertook to obey the rules prescribed for his branch of the public service; these rules provide for the termination of an officer's duty on grounds of ill-health; but the case was settled on a preliminary point of law that no action can lie against the Crown for the termination of such service at the pleasure of the Crown; in view of certain comments made by Mr. Justice Bailhache on the form of the agreement (an old form which was altered some years ago) Dr. Denning was granted by the Secretary of State for India in Council £500 on account of his coats; I am not aware that this sum is insufficient for the purpose, nor that he has any claim, on the merits, to compensation for the loss of his appointment. I do not think that this particular case calls for further consideration. As regards the last part of the question, I am advised that it would be improper to introduce in the contracts referred to any words purporting to limit the right of the Crown to dispense with the services of its officers, but this right would naturally be used, if at all, only in very exceptional circumstances.
§ Mr. GRIFFITHSIs the right hon. Gentleman aware that under our commercial institutions and industrial arrangements employers and workmen get equality so far as notice is concerned, and why are these civil servants to be treated in a different way from the industrial workers and employers in this country?
§ Mr. MONTAGUI am not familiar with private employment. Of course, analogies are always very dangerous things, and I should have to consider the exact application of the analogy which the hon. Member desires to make.
Mr. ORMSY-GOREWill the right hon. Gentleman take into account the fact that Dr. Denning, by the action of the Government of India, has suffered very severely in prospects, and although £500 may go some way towards compensating him there are other considerations in his case which ought to be continually in the mind of the Government with a view to reinstating this man in something like the position he had before he took service under the Government of Bengal. Will 1778 the right hon. Gentleman look once again into these contracts and see if some Clause cannot be inserted safeguarding the interests of persons who take service in this way?
§ Mr. MONTAGUThe form of contract has been altered since Dr. Denning signed with a view to obviating some of the difficulties. I would point out that the Council of India, in regard to Dr. Denning, have acted within the law in recognition of the difficulties of his position.
§ Mr. GRIFFITHSIf the contract has been altered, has it been to the advantage of the civil servants?
§ Mr. MONTAGUI will send my hon. Friend a copy of the new form of contract and the old one, and then the hon. Member can see for himself. I think the new form makes the position quite clear.