"ملف 61/11 IX (D 159) مسائل متنوعة خاصة بالحجاز ونجد" [و‎‎١‎١‎٣] (٣٩١/٢٣٦)

p.z.299>' 40
IKIEA OjtelG
IdHiTEHALlj, S,, , 1
14tk June, 194C*
Sir
With reference to your letter of the ijrd iiay, Ito.E. 196^ / Jw/^,
regarding the activities of 4 r.H#St.J.B«.. hilby, I && directed by tiie
Secretary of State for ^naia tc state that there is no aoubt that
power exists to withheld an i.C .S. pension on ground ol grave misconduct.
The question which would have to be decided in such a case is whether
epecific conduct on the part of & retired of ficer ajaaountea to grave
misconduct justifying the exercise of this power. Mr. Secretary Asoery
feels doubtful whether at present the case is sufficiently strong- to
justify such action, particularly as it is now unders'tood from .kr.iyTes'e
,!i| ' -d.o. letter of 21 i&ay that the first of the charges quoted in the <
.leu • memorandum enclosed vith your letter of 1 April, No.E. 1426/710/25, has
since been to some extent invalidated; and he understands from the last
paragraph ol your letter of 1 April that Lord Halifax also is not yet
fully assured that the time h&s arrived for taking such a step, moreover,
until the case for withholding the pension is more securely established,
it would seem premature to call on Mr. , hilby officially to furnish an
explanation of his conduct, since to do so would make it difficult to
withhold the pension if a plausible explanation were furnished.
2. Cn the other hand iar. Amery suggests that there might be euvantage
in action on the lines suggested at the end of the India Office letter of
3 Jfey. Action on these lines might take the form of an informal
intimation to &r. fhilby to the effect that, if the reported statements
were in fact made as reported and if he should continue to conduct himself
on these lines, the secretary of State for India would have to consiaor
tho question of the continuc.noe of his pension, having regard to the rules
under which it is drawn. Mr.Aiaery suggests that it is possible that such
a preliminary warning, might serve the purpose of inuucin^ Mr. hilby to
reform his conduct, and it would also be in accord with the principle of
the practice normally adopted in the case of a serving" oiiicer, in
fairness to the officer himself, of giving him an informal warning and
opportunity to amend before disciplinary action is taken.
3. hx .Amery woulo accordingly suggest that .Mr. btonehewer Bird, it he
sees no strong objection, might be asjted to speak privately to Mr.Pha.lby
on these lines, making it clear, however, that he does so vvith the
authority of the Secretary of State for india.
(Sgd.j K. .FEEL
5 Under Secretary of State,
foreign Office.