OF LAW IN WHICH THE PROBATIONARY OR PERIODIC REPORT IS DRAWN UP .
11SUCH A SITUATION EXISTED IN THIS INSTANCE , IN WHICH THE QUESTIONS OF THE PROFESSIONAL ABILITY OF THE APPLICANT AND OF THE DUTIES ATTACHING TO THE POST WHICH HE WAS TO OCCUPY IN THE MEDICAL SERVICE OF THE INSTITUTION WERE SO SPECIFIC THAT THEY COULD NOT HAVE BEEN PROPERLY ASSESSED BY THE DIRECTOR OF PERSONNEL .
12ON THE OTHER HAND , THE DRAWING UP , IN THIS CASE , OF THE PROBATION REPORT BY A SUPERIOR AUTHORITY OTHER THAN THE HEAD OF THE MEDICAL SERVICE WHO , ALTHOUGH LOWER IN RANK THAN THE DIRECTOR OF PERSONNEL , HAS A CLOSE WORKING RELATIONSHIP WITH THE PROBATIONARY OFFICIAL , WAS BETTER ABLE TO ENSURE A CORRECT ASSESSMENT OF HIS ABILITIES FOR THE PURPOSE OF POSSIBLE ESTABLISHMENT AND , THUS , TO SATISFY THE GENERAL INTERESTS OF THE SERVICE .
13AS REGARDS THE SECOND SUBMISSION , NOTHING IN THE CONTESTED PROBATION REPORT ENABLES IT TO BE CONCLUDED THAT THE MATERIAL FACTORS ALLUDED TO BY THE APPLICANT , SUCH AS HIS MISSION TO FRIULI , WERE CONCLUSIVE AS REGARDS THE APPRAISALS OF HIM MADE BY THE ASSESSOR .
14FURTHERMORE , THERE IS NOTHING TO SUPPORT THE ARGUMENT THAT THAT REPORT IS INCOMPLETE OR INCORRECT AS REGARDS THE EXTENT AND VARIETY OF THE APPLICANT ' S RESEARCH ACTIVITIES , HAVING REGARD , IN PARTICULAR , TO THE FACT THAT THE REPORT AT THE EXPIRY OF THE PROBATIONARY PERIOD ITSELF DESCRIBES THE PRINCIPAL ACTIVITIES CARRIED OUT BY THE APPLICANT DURING THAT PERIOD .
15FOR ALL THOSE REASONS THE HEADS OF THE CONCLUSIONS IN THE APPLICATION DIRECTED AGAINST THE REPORT AT THE EXPIRY OF THE PROBATIONARY PERIOD MUST BE DISMISSED AS UNFOUNDED .
( B ) THE DECISION TO DISMISS THE APPLICANT
16THE APPLICANT MAINTAINS , FIRST , THAT THE DECISION TO DISMISS HIM IS ILLEGAL , INASMUCH AS IT WAS ADOPTED AFTER THE EXPIRY OF THE PROBATIONARY PERIOD , THAT IS , AT A DATE AT WHICH , BY VIRTUE OF ARTICLE 34 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY NO LONGER HAD THE POWER TO DISMISS AN OFFICIAL FOR THE UNSATISFACTORY PERFORMANCE OF HIS DUTIES DURING THE PROBATIONARY PERIOD .
17IN SUPPORT OF THAT GROUND OF COMPLAINT HE MAINTAINS THAT IN STATING THAT THE PROBATIONARY PERIOD ' ' SHALL BE NINE MONTHS FOR OFFICIALS IN CATEGORY A ' ' ARTICLE 34 OF THE STAFF REGULATIONS MAKES IT CLEAR THAT ANY DECISION CONCERNING THE DISMISSAL OF THE PROBATIONARY OFFICIAL MUST BE ADOPTED BEFORE THE EXPIRY OF THAT PERIOD .
18THE FIRST SUBPARAGRAPH OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS , RELATING TO CASES SUCH AS THE PRESENT IN WHICH THE EMPLOYMENT OF AN OFFICIAL IS TERMINATED AT THE END OF THE PROBATIONARY PERIOD , DOES NOT LAY DOWN ANY MANDATORY PERIOD WITHIN WHICH THAT DECISION MUST BE ADOPTED .
19ALTHOUGH THE COMMISSION IS BOUND TO ADOPT ITS DECISION WITHIN A REASONABLE PERIOD , THAT PERIOD CAN ONLY START TO