THE SUBMISSION AS TO MISUSE OF POWER
51 FINALLY , THE APPLICANT ALLEGES THAT THE MEASURE ADOPTED TO REASSIGN HIM INVOLVED A MISUSE OF POWER . HE TAKES THE VIEW THAT THE ABOLITION OF THE SPECIALIZED BRANCH WHICH HE HAD MANAGED AND THE CHANGING OF HIS DUTIES ARE NOTHING OTHER THAN A DISGUISED DISCIPLINARY MEASURE INFLICTED UPON HIM ON ACCOUNT OF THE DIFFERENCES OF OPINION BETWEEN HIMSELF AND HIS SUPERIORS ON VARIOUS QUESTIONS OF TRANSPORT POLICY WITH THE ULTIMATE AIM OF REMOVING HIM FROM THE SERVICE OF THE COMMISSION . THE UNFAVOURABLE ASSESSMENTS OF HIS WORK CONTAINED IN THE PERIODIC REPORT WHICH IS THE SUBJECT OF THE OTHER TWO ACTIONS HAD THE SAME PURPOSE . THE APPLICANT REFERS TO VARIOUS CLASHES BETWEEN HIMSELF AND HIS SUPERIORS AND IT IS IN CONNECTION WITH THIS LINE OF ARGUMENT THAT HE HAS MADE THE ACCUSATIONS OF WEAKNESS AND BIAS REFERRED TO ABOVE .
52 THE COMPLAINTS MADE BY THE APPLICANT DEMONSTRATE A FAILURE ON HIS PART TO COMPREHEND THE DIFFERENCE BETWEEN THE DEFENCE OF HIS OWN ADMINISTRATIVE POSITION AND THE DIFFERENCES OF OPINION WHICH INEVITABLY EXIST WITHIN AN ADMINISTRATION , ESPECIALLY AT THE LEVEL AT WHICH VARIOUS POLICIES ARE WORKED OUT IN THE COMPLEX COMMUNITY SETTING .
53 IF MR SETON HAD REASONS FOR DISAPPROVING OF HIS SUPERIORS ' ACTIONS HE COULD HAVE MADE HIS CRITICISMS TO THE COMPETENT AUTHORITIES . THE COMMISSION ' S REACTION TO THE ACCUSATIONS MADE IN THE COMPLAINT OF 30 JANUARY 1981 AND THE TASK ASSIGNED TO MR VERHEYDEN DEMONSTRATE THAT THE COMMISSION WAS SENSITIVE TO THE APPLICANT ' S COMMENTS AND THAT IT ENDEAVOURED TO FORM AN OBJECTIVE VIEW OF THE DIFFERENCES OF OPINION THAT EXISTED .
54 IT SHOULD ALSO BE POINTED OUT THAT THE MEASURES OF REORGANIZATION WHICH LED TO THE ABOLITION OF THE SPECIALIZED BRANCH PREVIOUSLY MANAGED BY THE APPLICANT AND THE DECISION TO REASSIGN HIM WERE ADOPTED BY THE COMMISSION AT THE HIGHEST LEVEL SO THAT IT IS ILLUSORY TO ATTEMPT TO ESTABLISH A LINK BETWEEN THOSE MEASURES AND MR SETON ' S PERSONAL DISPUTE WITH HIS IMMEDIATE SUPERIORS .
55 AS TO THE APPLICANT ' S CONTENTION THAT THE DISAGREEMENT WITH HIS SUPERIORS WAS REFLECTED IN HIS PERIODIC REPORT , IT SHOULD AGAIN BE RECALLED THAT THE FIRST VERSION OF THE REPORT SHOWS GREAT RESERVE ON THE PART OF THE ASSESSORS IN EXPRESSING CERTAIN CRITICISMS OF THE APPLICANT ' S MANAGEMENT OF THE SPECIALIZED BRANCH OF WHICH HE WAS IN CHARGE . MORE EXPLICIT CRITICISM WAS EXPRESSED ONLY IN RESPONSE TO THE COMPLAINT LODGED BY THE APPLICANT WITH THE JOINT COMMITTEE ON STAFF REPORTS .
56 THE SUBMISSION ALLEGING MISUSE OF POWER MUST THEREFORE BE DISMISSED IN RESPECT OF BOTH APPLICATIONS 37 AND 218/81 .
57 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICATIONS MUST BE DISMISSED IN THEIR ENTIRETY , INCLUDING THE CLAIMS FOR DAMAGES .
Decision on costs
COSTS
58 ARTICLE 70 OF THE RULES OF PROCEDURE PROVIDES THAT , WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 (