An attempt by a chief constable to block the recruitment of his successor has been thrown out by the high court in London.
The Avon and Somerset chief constable, Colin Port, claimed that his newly elected police and crime commissioner, Sue Mountstevens, had "unlawfully induced" him to retire soon after taking office in November.
Mr Justice Edwards-Stuart concluded that the commissioner had been responsible for the breakdown in the pair's relationship, but dismissed the application for a high court injunction.
"I am extremely sorry that Mr Port's outstanding career has ended in such an unsatisfactory way," the judge said after refusing permission for a full judicial review.
Port refused to re-apply for his own job after Mountstevens told him he would have to go through a "competitive" appointment process if he wanted to extend his tenure.
Port, whose one-year rolling contract expires on 26 January, wanted the court to insist he be given six months' notice and to block the interview process for a new chief that was due to start this week.
The unprecedented legal action by a chief constable follows the election in November of the first police commissioners with the power to hire and fire chief constables.
Port said he had lost on a technicality: "This was never about me but wider policing."
His lawyer said during the short hearing that Port had felt humiliated by the commissioner when they met shortly after her election. She had "banged her hand on the table" and said "things would be different" and she had a "vision for a new way of working".
Mountstevens said she was delighted with the decision, adding: "We are going ahead with the process to recruit a chief constable and we are holding our interviews this week to appoint the best candidate for Avon and Somerset."
Mountstevens, an independent, had made clear she would prefer to have a chief constable who was in post during the whole of her three-and-half-year term as commissioner. Port, who has been Avon and Somerset's chief constable for eight years, is legally allowed to extend his contract only by 12 months at a time.
A statement issued by the commissioner's office said Mountstevens had been surprised by the legal action.
"After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from chief constable, Colin Port, requesting six months' notice and an injunction blocking the interview process for a new chief. As legal proceedings are active, there is nothing we can add at this time," it said.
This week two Conservative police commissioners floated separate proposals to charge suspects detained in police custody for food and accommodation and to set up a 200-strong "reserve police force".
The Hertfordshire commissioner, David Lloyd, suggested in a new year's message that suspects detained in police custody should reimburse the costs of their food and accommodation. He said he also wanted to explore suing offenders who injured officers who then had to take time off work, introduce offender-funded anger management courses for those convicted of violent behaviour and make speeding motorists pay the full cost of speed awareness courses.
The police minister, Damian Green, responded to the "offender pays" proposals by saying he welcomed new ideas and would look at them carefully. It is likely legislation would be needed to implement the plan.
The Northampton commissioner, Adam Simmonds, suggested the creation of a 200-strong reserve police force . Unlike the existing specials, they would be paid to work about 20 days a year. Simmonds said it would be the first such force in England and would be used to maintain police numbers.