An inquiry by a senior counsel into the conduct of the registrar of the Dublin Institute of Advanced Studies will proceed today after the registrar failed yesterday to get a High Court order restraining the inquiry.
The registrar, Mr John Duggan, had sought the interlocutory order pending the outcome of legal proceedings.
Mr Duggan, who was stated to have been suspended from his position on full pay in October 1998, has taken proceedings against the Institute; the Minister for Education and Science; the Minister for Finance and the Attorney General.
A date for the hearing of the main action has yet to be set.
Refusing the interlocutory application, Mr Justice Herbert said that arising out of a previous determination of the council of the institute, the Minister for Education had declined to accept a recommendation removing Mr Duggan from his post without a further inquiry. Mr Duggan felt he was in some way prejudiced by the new inquiry taking place while the proceedings to condemn the previous inquiry were in being.
It was now proposed to hold a further inquiry presided over by an independent person, the judge said.
The conducting of the inquiry today and tomorrow could not prejudice the court in the hearing of the main action.
The court was free to give a proper determination in due course.
Mr Justice Herbert said he could see no basis on which to grant the relief sought yesterday and could see no reason or detriment to Mr Duggan in permitting the new inquiry to proceed.
In the main action, Mr Duggan is seeking a declaration that he was and continues to be registrar of the institute and that a purported decision of its council to dismiss him from that position is null and void.