ASSESSMENT AS COMPARED WITH THE PREVIOUS STAFF REPORT ' . THERE THEN FOLLOWS A FOOTNOTE EXPLAINING THAT ' ASSESSORS ARE NOT REQUIRED TO MAKE A COMPARISON WITH THE LAST STAFF REPORT IN REPORTS COVERING THE PERIOD 1977-1979 ' .
26 IT MUST BE OBSERVED FIRST OF ALL THAT THE CONTRAST BETWEEN THE REPORT IN QUESTION AND THE PREVIOUS REPORTS IS CONSIDERABLE . WHEREAS FOR THE PERIOD 1973 TO 1977 THE APPLICANT ' S ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE RECEIVED THE HIGHEST POSSIBLE RATING ON A SCALE OF THREE POSSIBLE RATINGS , FOR THE PERIOD 1977 TO 1979 HE RECEIVED AVERAGE RATINGS ( THE THIRD ON A SCALE OF FIVE ) EXCEPT FOR HIS ' ADAPTATION TO THE REQUIREMENTS OF THE SERVICE ' , WHICH WAS JUDGED ' ADEQUATE ' ( THE SECOND LOWEST RATING ). IT MUST BE ADDED THAT THE REPORT IN QUESTION WAS DRAWN UP BY THE THE SAME ASSESSOR WHO DREW UP THE TWO PREVIOUS REPORTS AND AFTER CONSULTATION WITH THE SAME HEAD OF DIVISION .
27 IT SHOULD THEN BE BORNE IN MIND THAT ARTICLE 5 OF THE GENERAL PROVISIONS FOR IMPLEMENTING ARTICLE 43 OF THE STAFF REGULATIONS , ADOPTED BY THE COMMISSION ON 27 JULY 1979 , REQUIRES AN EXPLANATION TO BE PROVIDED ' FOR ANY CHANGE IN THE ANALYTICAL ASSESSMENT SINCE THE PREVIOUS REPORT ' . ASSESSORS ARE BOUND BY THAT OBLIGATION AND CANNOT BE RELEASED FROM IT BY A FOOTNOTE IN THE 1979 GUIDE TO STAFF REPORTS WHICH IS INTENDED TO GIVE THEM PRACTICAL ADVICE .
28 IT WAS PARTICULARLY IMPORTANT THAT THE ASSESSORS IN THIS CASE SHOULD DISCHARGE THAT OBLIGATION BECAUSE THE DIFFERENCES BETWEEN THE ASSESSMENTS IN THE REPORT IN QUESTION AND ALL THE PREVIOUS ASSESSMENTS WERE SIGNIFICANT AND BECAUSE CERTAIN EVENTS IN 1979 MIGHT HAVE LED THE APPLICANT TO BELIEVE THAT HIS WORK WAS LESS APPRECIATED BY HIS SUPERIORS THAN BEFORE .
29 IT FOLLOWS THAT THE APPLICANT ' S STAFF REPORT FOR THE PERIOD 1977 TO 1979 IS IRREGULAR AND THAT IT MUST CONSEQUENTLY BE ANNULLED . THE APPEAL ASSESSOR ' S DECISION CONCERNING THAT REPORT IS THEREFORE REDUNDANT .
( C ) THE DELAY IN DRAWING UP THE REPORT
30 THE APPLICANT CLAIMS THAT THE CONSIDERABLE DELAY IN THE DRAWING UP OF THE REPORT IN QUESTION CONSTITUTES MALADMINISTRATION ON THE COMMISSION ' S PART WHICH HAS BEEN PREJUDICIAL TO HIM SINCE IT HAS IMPAIRED THE NORMAL PROGRESS OF HIS CAREER . HE CONSIDERS THAT HE SHOULD BE AWARDED COMPENSATION OF BFR 100 000 .
31 IT MUST ALSO BE BORNE IN MIND THAT , IN THE APPLICANT ' S VIEW , THE FACT THAT HE WAS NOT PROMOTED IN 1982 MIGHT HAVE BEEN DUE TO THE DELAY IN QUESTION SINCE THE DECISION ON PROMOTIONS WAS TAKEN BEFORE HIS REPORT FOR THE PERIOD 1977 TO 1979 HAD BEEN PLACED ON HIS PERSONAL FILE .
32 THE COMMISSION LEAVES IT TO THE COURT TO DECIDE THIS ISSUE . IT REGRETS THAT AS A RESULT OF A NUMBER OF