HIMSELF TO THE RESEARCH PROGRAMME OF THE NUCLEAR STUDIES CENTRE . IN 1974 , AFTER FUTILE AND PROTRACTED ATTEMPTS TO OBTAIN HIS AGREEMENT TO TAKE ON FRESH DUTIES , THE COMMISSION , WHILE MAINTAINING HIS ATTACHMENT FOR ADMINISTRATIVE PURPOSES TO DIRECTORATE-GENERAL XII ( RESEARCH , SCIENCE AND EDUCATION ), PLACED HIM AT THE DISPOSAL OF DIRECTORATE-GENERAL XVII ( ENERGY ), OR MORE ACCURATELY , AT THE DISPOSAL OF THE ENERGY AND EURATOM SAFEGUARDS DIRECTORATE , WHERE HE RESUMED THE TASKS WHICH HE HAD PERFORMED BEFORE 1962 AT THE SAFEGUARDS DIRECTORATE .
3 HIS SUPERIORS FOUND THAT THE WORK ACCOMPLISHED BY THE APPLICANT AFTER HE HAD THUS RESUMED HIS DUTIES WAS INADEQUATE AND ON 17 DECEMBER 1976 THE DIRECTOR-GENERAL OF DIRECTORATE-GENERAL XII ADOPTED A PROPOSAL TO DISMISS HIM UNDER ARTICLE 51 OF THE STAFF REGULATIONS WHICH , FOLLOWING A PROCEDURE CERTAIN ASPECTS OF WHICH ARE CRITICIZED BY THE APPLICANT , RESULTED IN THE DECISION WHICH IS NOW CHALLENGED .
4 IN SUPPORT OF HIS APPLICATION THE APPLICANT MAKES VARIOUS SUBMISSIONS AS TO THE INFRINGEMENT OF VARIOUS PROVISIONS OF THE STAFF REGULATIONS , IN PARTICULAR ARTICLE 51 THEREOF , AND AS TO THE INFRINGEMENT OF THE COMMISSION ' S DECISIONS OF 25 JULY 1974 AND 5 OCTOBER 1977 ON THE EXERCISE OF POWERS CONFERRED BY THE STAFF REGULATIONS ON THE APPOINTING AUTHORITY ( INFORMATIONS ADMINISTRATIVES ( ADMINISTRATIVE NOTICES ) NO 10 OF 4 NOVEMBER 1974 ; STAFF COURIER OF 17 NOVEMBER 1977 ).
FIRST SUBMISSION
5 THE APPLICANT FIRST ASSERTS THAT THE DECISION IN ISSUE INFRINGED ARTICLE 51 OF THE STAFF REGULATIONS OF OFFICIALS IN SO FAR AS THE CONDUCT FOR WHICH HE WAS CRITICIZED CONSTITUTED BREACHES OF DISCIPLINE WITHIN THE MEANING OF ARTICLE 86 OF THE STAFF REGULATIONS SO THAT IF THERE WERE GROUNDS FOR TAKING CERTAIN ACTION AGAINST HIM IT SHOULD HAVE BEEN IN THE CONTEXT OF DISCIPLINARY PROCEEDINGS . HE STATES THAT IT IS IN HIS INTERESTS TO BE DISCIPLINED RATHER THAN DISMISSED FOR INCOMPETENCE .
6 BY ARTICLE 51 OF THE STAFF REGULATIONS AN OFFICIAL WHO PROVES INCOMPETENT IN THE PERFORMANCE OF HIS DUTIES MAY BE DISMISSED . THE APPOINTING AUTHORITY MAY , HOWEVER , OFFER TO CLASSIFY THE OFFICIAL IN A LOWER GRADE .
7 THE INCOMPETENCE OF AN OFFICIAL WITHIN THE MEANING OF ARTICLE 51 OF THE STAFF REGULATIONS MUST BE EVALUATED WITH PARTICULAR REGARD TO HIS ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE , THAT IS TO SAY , TO THE FACTORS REFERRED TO IN ARTICLE 43 OF THE STAFF REGULATIONS CONCERNING PERIODIC REPORTS .
8 IF CONSIDERATION OF THE CONDUCT OF AN OFFICIAL IN THE LIGHT OF THOSE FACTORS LEADS TO THE CONCLUSIONS THAT THE CONDITIONS FOR APPLYING ARTICLE 51 ARE MET THE APPOINTING AUTHORITY IS ENTITLED TO DISMISS OR DOWNGRADE OFFICIALS IN THAT MANNER EVEN IF THE INCOMPETENCE IS ACCOMPANIED BY ATTITUDES WHICH MIGHT LEAD TO DISCIPLINARY PROCEEDINGS BEING BROUGHT . THE SPECIFIC NATURE OF ARTICLE 51 , THE APPLICATION OF WHICH MOREOVER ENTAILS , PURSUANT TO THE LAST SUBPARAGRAPH OF PARAGRAPH