Keywords

Summary



Keywords

1 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PREPARATION - DELAY - NOT A CIRCUMSTANCE SUCH AS BY ITSELF TO AFFECT THE VALIDITY OF THE REPORT

( STAFF REGULATIONS , ART . 43 )

2.OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PREPARATION - CONDITIONS - APPEAL BY THE OFFICIAL ASSESSED TO THE JOINT COMMITTEE - SUBSEQUENT COMPLAINT BY THE OFFICIAL CONCERNED - CONSULTATION BY THE ADMINISTRATION OF THE JOINT COMMITTEE - DUTY - LIMITS

( STAFF REGULATIONS , ART . 43 )

3.OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PREPARATION - CONDITIONS - APPEAL ASSESSOR - MERE CONFIRMATION OF THE FIRST ASSESSOR ' S ASSESSMENTS - WHETHER PERMISSIBLE

( STAFF REGULATIONS , ART . 43 )

4.OFFICIALS - ASSESSMENT - PERIODIC REPORTS - REVIEW BY THE COURT OF JUSTICE - LIMITS

( STAFF REGULATIONS , ART . 43 )

5.OFFICIALS - ORGANIZATION OF DEPARTMENTS - DECISION ADVERSELY AFFECTING AN OFFICIAL - GUARANTEES PROVIDED BY THE STAFF REGULATIONS - LIMITS - DUTY TO STATE REASONS - DUTY TO CONSULT OFFICIALS CONCERNED BEFOREHAND - NONE

( STAFF REGULATIONS , ARTS . 5 , 7 AND 43 )

6.OFFICIALS - ORGANIZATION OF DEPARTMENTS - CHANGE OF POSTING UPON THE REORGANIZATION OF DEPARTMENTS - MAINTENANCE OF THE CORRESPONDENCE BETWEEN THE OFFICIAL ' S GRADE AND HIS DUTIES - ALTERATION OF HIS POSITION UNDER THE STAFF REGULATIONS - NONE

( STAFF REGULATIONS , ARTS . 5 AND 7 )

7.OFFICIALS - DECISIONS ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF REASONS - DUTY - SCOPE

( STAFF REGULATIONS , ART . 25 )

8.PROCEDURE - COSTS - COSTS UNREASONABLY OR VEXATIOUSLY CAUSED

( RULES OF PROCEDURE , ART . 69 ( 3 ), SECOND SUBPARA .)

Summary

1 . DELAY WHICH MAY OCCUR IN THE ADOPTION OF DEFINITIVE VIEWS BY CERTAIN ASSESSORS OR APPEAL ASSESSORS DURING THE ASSESSMENT PROCEDURE IS NOT SUCH AS BY ITSELF TO AFFECT THE VALIDITY OF THE RESULTANT REPORT .

2 . ALTHOUGH THE GUIDE TO STAFF REPORTS PROVIDES THAT THE JOINT COMMITTEE MUST BE CONSULTED WHEN THE OFFICIAL ASSESSED LODGES A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS , TO REQUIRE THE JOINT COMMITTEE TO BE CONSULTED FOR A SECOND TIME WHEN THE APPLICANT HAS HIMSELF APPEALED TO THE COMMITTEE AT AN EARLIER STAGE OF THE PROCEDURE AND HAS OBTAINED SATISFACTION , INASMUCH AS THE COMMITTEE ' S OPINION LED THE ASSESSORS TO GIVE AN EXPRESS STATEMENT OF REASONS FOR CERTAIN ASSESSMENTS WHICH HE HAD CHALLENGED , WOULD AMOUNT TO EXCESSIVE FORMALISM THE EFFECT OF WHICH WOULD BE TO PARALYSE THE SMOOTH FUNCTIONING OF THE ASSESSMENT PROCEDURE .

3 . THE TASK OF THE APPEAL ASSESSOR IS TO CHECK , QUITE INDEPENDENTLY , THE ASSESSMENTS MADE BY THE FIRST ASSESSOR . HE IS THEREFORE PERFECTLY ENTITLED TO CONFIRM THE FIRST ASSESSMENT IF HE THINKS THAT APPROPRIATE .

4 . ASSESSORS HAVE THE WIDEST DISCRETION WHEN JUDGING THE WORK OF PERSONS UPON WHOM THEY MUST REPORT AND IT IS NOT FOR THE COURT TO INTERFERE WITH THEIR ASSESSMENTS SAVE IN THE CASE OF ERROR OR MANIFEST EXAGGERATION .

5 . ALTHOUGH THE STAFF REGULATIONS CONTAIN PRECISE GUARANTEES OF OFFICIALS ' RIGHTS UNDER THEM , THE COMMUNITY ADMINISTRATION IS NOT UNDER ANY DUTY TO SEEK THE INDIVIDUAL VIEWS OF OFFICIALS ON MEASURES OF REORGANIZATION WHICH MAY AFFECT THEIR INDIVI- DUAL POSITION . THE ONLY GUARANTEE AFFORDED TO OFFICIALS BY THE STAFF REGULATIONS IN THIS REGARD IS THE DUTY LAID DOWN IN ARTICLE 25 OF THE STAFF REGULATIONS TO STATE THE GROUNDS ON WHICH INDIVIDUAL DECISIONS THAT MAY ADVERSELY AFFECT THE POSITION OF OFFICIALS UNDER THE STAFF REGULATIONS ARE BASED .

6 . ALTHOUGH THE ABOLITION OF A DEPARTMENT MAY CAUSE THE HEAD OF THAT DEPARTMENT TO LOSE A CERTAIN INDEPENDENCE , NEVERTHELESS IT DOES NOT ALTER HIS POSITION UNDER THE STAFF REGULATIONS IF BOTH THE NEW AND THE OLD POST FILLED BY THE OFFICIAL FALL WITHIN THE DESCRIPTION OF THE TYPICAL DUTIES INVOLVED IN HIS CAREER BRACKET .

7 . THE SCOPE OF THE OBLIGATION UNDER ARTICLE 25 OF THE STAFF REGULATIONS TO STATE THE GROUNDS ON WHICH DECISIONS ARE BASED MUST BE ASCERTAINED FROM THE PURPOSE OF THAT PROVISION WHICH IS TO PROTECT AN OFFICIAL AGAINST THE POSSIBILITY THAT HIS POSITION UNDER THE STAFF REGULATIONS MAY BE ADVERSELY AFFECTED IN ANY WAY . THE STATEMENT OF THE REASONS ON WHICH MEASURES THAT MAY ADVERSELY AFFECT OFFICIALS ARE BASED IS INTENDED TO ENABLE THE OFFICIAL CONCERNED TO KNOW WHY A DECISION WAS ADOPTED IN HIS REGARD AND TO TAKE STEPS TO DEFEND HIS RIGHTS AND INTERESTS .

THAT REQUIREMENT IS SATISFIED WHEN THE MEASURE AGAINST WHICH AN ACTION MAY BE BROUGHT HAS BEEN ADOPTED IN CIRCUMSTANCES KNOWN TO THE OFFICIAL CONCERNED , WHICH ENABLE HIM TO APPREHEND THE SCOPE OF A MEASURE WHICH CONCERNS HIM PERSONALLY .

8 . EVEN IF AN OFFICIAL HAS GROUNDS FOR COMPLAINT REGARDING THE ADMINISTRATION ' S SLOWNESS IN HIS REGARD , WHERE HE MAKES SUCH EXCESSIVE CHARGES IN PURSUING HIS CASE THAT THE DEFENDANT INSTITUTION IS COMPELLED TO HOLD AN ADMINISTRATIVE INQUIRY THE RESULT OF WHICH OUGHT TO HAVE DISSUADED HIM FROM CONTINUING HIS ACTION , HIS CONDUCT MAKES THE ENTIRE PROCEEDINGS VEXATIOUS IN CHARACTER AND AS A RESULT HE MUST BE ORDERED TO PAY THE WHOLE OF THE COSTS .