Topic > Should reenlistment of police officers be allowed?

Legal issue arising from context The issue of reinstatement of police officers presents several legal issues, this paper will evaluate to what extent the doctrine of legitimate expectations can be used to ensure that both parties are satisfied. One of the most obvious legal issues that emerges from the context of this document is the legitimate expectation of those police officers who were sent letters indicating that their salaries were in fact not correct until reinstatement and that their salaries would be adjusted by consequence. , However; to date it has not been completed. It would seem that a certain expectation has been created based on this. The notion of legitimate expectation was conceived as a procedural matter as outlined in the case of Schmidt v Secretary of State for Home Office Affairs [1969] 2 CH 149, In ​​this case, American Scientology students resident in the United Kingdom have asked to extend their stay but this was refused because the government opposed Scientology. It was argued that the government acted unreasonably in refusing the request. Lord Denning suggested that this depends on whether the person has some right, interest or legitimate expectation of which it would not be right to deprive him or her without a hearing of what he or she has to say. In Council for Civil Service Unions v Minister for the Civil Service [1985] AC 374 at page 401 Lord Fraser stated: “A legitimate expectation may arise either from an express promise given by or on behalf of a public authority, or from existence of a regular practice which the appellant can reasonably expect to continue” In the case of Kent Garment Factory v The Attorney General of Guyana 46 WIR 176, the appellants were wearing… middle of paper… service duties for all officers of police, from officers to sergeant. Based on the above policy it is clear that the Commissioner has the discretion to determine the position and pay of re-enlisted officers from the rank of Constable up to the rank of Sergeant. According to administrative law, no one can have such powers that cannot be questioned, therefore; officers have the right to question the Commissioner's autonomy regarding reenlistment practices and principles. In the case of Hafizul Islam (Md.) v. Government of Bangladesh and others (2002), Justice Amirul Kabir Chowdhury held that: “The legitimate expectation of being enforceable must have a legal basis. A mere expectation without a legal basis is not sustainable in the eyes of the law. When government action is taken with honesty and purpose, it cannot be repressed”