Two gardai in Co Donegal are asking the High Court to stop sworn Garda inquiries into alleged breaches of discipline by them.
Mr Justice McKechnie yesterday deferred their applictaion but it is expected to be renewed later this week or next.
The application was made by Garda Patrick Mulligan and Garda John O'Dowd, formerly of Raphoe station, Co Donegal.
Both are seeking leave to obtain an order quashing a decision of Assistant Garda Commissioner Fachtna Murphy to hold sworn inquiries, scheduled to go ahead on May 1st.
The application seeks to postpone any such inquiry against either officer pending the outcome and determination of the Tribunal of Inquiry into Garda Activities in Donegal.
That inquiry was established under a Dáil resolution on March 28th.
Both gardaí claim the decision to go ahead with the disciplinary hearings is precipitate since the tribunal's terms of reference include similar issues to those in the sworn inquiries.
They also argue that the disciplinary proceedings would defeat the whole object behind the tribunal, which, they say, represents the only comprehensive method of inquiry to resolve outstanding issues of fundamental public importance.
Both gardaí say the hearing and determination of any disciplinary proceedings while they are on sick leave caused directly by work-related stress arising out of the precise issues under investigation would be contrary to natural justice and breach due process and fair procedures.
When the matter came before Mr Justice McKechnie, Mr John Whelan SC, for the gardaí, said they had arrived on the scene following on the death of Mr Richie Barron in Donegal in October, 1996.
Subsequently, both suffered stress and anxiety and had to go on certified sick leave.
The Assistant Commissioner, Mr Murphy, had ordered two separate sworn inquiries into alleged breaches of discipline by both men in regard to their co-operation or lack of it with a superior officer.
Those inquiries had been due to begin on March 25th but were adjourned to May 1st.
Mr Whelan said that while he had not applied directly to have these proceedings adjourned, he wanted them deferred pending the outcome of the tribunal.
Everything which had been done by the gardaí at all ranks in Donegal was being inquired into by the tribunal, Mr Whelan said.
Mr Justice McKechnie said if there was to be any refusal to adjourn such inquiries on foot of a request to do so, he would like to have the details on affidavit.
Mr Whelan said he was meantime requesting that the sworn inquiries be deferred.
Deferring the application, Mr Justice McKechnie gave leave to counsel to have the matter raised again later this week or next, when any response to the adjournment request could be brought before the court.